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Curbing the Excesses: Post Stevens Case Law Round Up - Gary Herring, Horwich Farrelly Solicitors

Curbing the Excesses: Post Stevens Case Law Round Up - Gary Herring, Horwich Farrelly Solicitors

20/08/15. Almost seven months on from the decision of the Court of Appeal in Stevens v Equity  [2015] EWCA Civ 93, and County Court lists remain busy with cre...

Erra in Law - Richard Johnson, Browne Jacobson LLP

Erra in Law - Richard Johnson, Browne Jacobson LLP

10/08/15. Following the introduction of Enterprise and Regulatory Reform Act 2013 “ERRA” the new landscape for personal claims post 1st of October 2013 is that s...

Stress at Work: a Matter of History - Mark Fowles, Browne Jacobson LLP

Stress at Work: a Matter of History - Mark Fowles, Browne Jacobson LLP

01/08/15. Over 10 years ago now the Court of Appeal gathered four cases to be heard together with the express intention of providing guidance as to the handling ...

Scrutiny of Medical Evidence & Physiotherapy Charges in Low-Value PI Cases - Thomas Crockett, 1 Chancery Lane

Scrutiny of Medical Evidence & Physiotherapy Charges in Low-Value PI Cases - Thomas Crockett, 1 Chancery Lane

26/08/15. I recently acted for an insurer in a routine low value personal injury case (to which QOCS applied) which had an unusual twist. The claimant claimed damages for ne...

Contribution, Limitation and the Athens Convention - Ian Miller, 1 Chancery Lane

Contribution, Limitation and the Athens Convention - Ian Miller, 1 Chancery Lane

19/08/15. In South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708 the Court of Appeal considered the scope of the Athens Convention and the nature ...

Brownlie v Four Seasons Holdings Inc [2015] EWCA Civ 665 - Matthew Chapman, 1 Chancery Lane

Brownlie v Four Seasons Holdings Inc [2015] EWCA Civ 665 - Matthew Chapman, 1 Chancery Lane

17/08/15. On 3rd July 2015 the Court of Appeal handed down judgment in Brownlie v Four Seasons Holdings Inc [2015] EWCA Civ 665 (now available on Lawtel ): a fatal road traffic accid...

Summary of Recent Cases, August 2015

Summary of Recent Cases, August 2015

15/08/15. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

High Costs Cases; Are You Making the Most Out of the Ccfs Scheme? - Leanne Davies, John M Hayes

High Costs Cases; Are You Making the Most Out of the Ccfs Scheme? - Leanne Davies, John M Hayes

09/08/15. Once it comes to light that a care matter is going to exceed costs of £25,000, it is time to register it as High Costs. Previously, the only option would be to prepare ...

Moreno v Motor Insurers’ Bureau - Matthew Channon

Moreno v Motor Insurers’ Bureau - Matthew Channon

06/08/15. High Court of Justice Queens Bench Division, Mr Justice Gilbart, 17 April 2015, 2015 EWHC 1002 (QB). The claimant was a 25 year old who had sustained serious injur...

A Summary of the Key Changes to Part 36 - Brian Booth, John M Hayes

A Summary of the Key Changes to Part 36 - Brian Booth, John M Hayes

04/08/15. As of 6 April 2015 the Provisions of Part 36 underwent a significant update. This summary attempts to provide a run-down of the key changes from a costs practitioner’s ...

Fatal Accidents and Clinical Negligence: Recent Developments and Timely Warnings - Gordon Exall, Zenith Chambers

Fatal Accidents and Clinical Negligence: Recent Developments and Timely Warnings - Gordon Exall, Zenith Chambers

02/08/15. The cases highlight a number of issues:

  • Pain and suffering prior to death.

  • Knowledge of reduced life expectancy.

  • Causation: there could be clear negligence but it has to b...

The Risks of Agriculture, and Risks of the Claim - John Green, Taylor&Emmet LLP

The Risks of Agriculture, and Risks of the Claim - John Green, Taylor&Emmet LLP

24/07/15. The internet is littered with disturbing videos of people being seriously injured at work, and it is a sad and worrying fact that such injuries are still prominent in t...

Buswell v Symes & Anor - John Foy QC & Laura Hibberd (pupil), 9 Gough Square Chambers

Buswell v Symes & Anor - John Foy QC & Laura Hibberd (pupil), 9 Gough Square Chambers

22/07/15. The recent case of Buswell v Symes & Anor [2015] EWHC 1379 (QB) raised a number of issues associated with motorcycle claims on country roads. Primary liability was ...

Guidance as to Litigants-in-Person, a Sign of the Times? - Thomas Crockett, 1 Chancery Lane

Guidance as to Litigants-in-Person, a Sign of the Times? - Thomas Crockett, 1 Chancery Lane

20/07/15. The Bar Council, Law Society and Chartered Institute of Legal Executives have produced some joint guidance for lawyers in how to conduct themselves towards a litigant-i...

Getting Wasted: A Look at the Wasted Costs Regime - Gemma Witherington, John M Hayes

Getting Wasted: A Look at the Wasted Costs Regime - Gemma Witherington, John M Hayes

18/07/15. The wasted costs regime is set out in Section 4 of the Courts and Legal Services Act 1990, enacting section 51(7) of the Senior Courts Act 1981 which defines wasted cos...

Sea Change - Angela Williams, Browne Jacobson

Sea Change - Angela Williams, Browne Jacobson

16/07/15. The Court of Appeal has handed down its judgment in the case of South West Strategic Health Authority v Bay Island Voyages. The appeal related to a Part 20 claim issued...

Summary of the PIcARBS Arbitration Service

Summary of the PIcARBS Arbitration Service

15/07/15. The following is taken from a booklet published by PIcARBS.

The Personal Injury and Clinical Negligence claims arbitration service is designed for claims over £50,000.

St...

Summary of Recent Cases, July 2015

Summary of Recent Cases, July 2015

15/07/15. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Vaughan v MOD - James Williams, Henderson Chambers

Vaughan v MOD - James Williams, Henderson Chambers

12/07/15. In Vaughan v Ministry of Defence [2015] EWHC 1404 (QB), the High Court held that an employer’s liability does not extend to employee’s activities in his free time, even i...

Ex Turpi Causa, Causation and Contributory Negligence - Katharine Evans (CILEx), Bartletts Solicitors

Ex Turpi Causa, Causation and Contributory Negligence - Katharine Evans (CILEx), Bartletts Solicitors

10/07/15. The Court of Appeal has recently handed down an interesting judgment in a road traffic personal injury case which involved an examination of the defence of ex turpi cau...

Low Exposure Asbestos Claims: the Devil Is in the Detail… and the Disclosure - Jon Andrews, Linder Myers Solicitors

Low Exposure Asbestos Claims: the Devil Is in the Detail… and the Disclosure - Jon Andrews, Linder Myers Solicitors

08/07/15. Following the cases of ‘Williams v Birmingham’ and ‘McGregor v Genco’ in particular, it has become common for asbestos claims to be defended on the basis that low expos...

The Risk and Burden of Being a Trespasser - Helen Tinkler, CILEx Law School, Bar Standards Board and Whatley Weston & Fox

The Risk and Burden of Being a Trespasser - Helen Tinkler, CILEx Law School, Bar Standards Board and Whatley Weston & Fox

07/07/15. The Occupiers' Liability Act 1957 provides that its rules have effect in place of the rules at common law. This encourages a temptation to overlook the obvious derivati...

Paying the Premium for Inadequate Evidence on Detailed Assessment - Andrew Roy, 12 Kings Bench Walk

Paying the Premium for Inadequate Evidence on Detailed Assessment - Andrew Roy, 12 Kings Bench Walk

06/07/15. Nokes v Heart of England NHS Foundation Trust Senior Court Costs Office, Master Leonard, 29 May 2015.  This case is the first reported decision on the recovery of ad...

Secondary Victims: a Race Between the Claimant and the Ambulance? - Brenna Conroy, Hardwicke

Secondary Victims: a Race Between the Claimant and the Ambulance? - Brenna Conroy, Hardwicke

25/08/15. It is hard to escape the notion that the rise in the number of secondary victim claims in recent years owes its success to the amorphous concept of ‘proximity’. The tes...

Can the Court Consider Hourly Rates in the Budgeting Process? - Mark Banyard, John M Hayes

Can the Court Consider Hourly Rates in the Budgeting Process? - Mark Banyard, John M Hayes

18/08/15. Earlier this year, Warby J gave judgement in the case of Yeo v Times Newspapers Ltd [2015] EWHC 209 (QB). This was a decision primarily on whether the Claimant’s plea o...

PI Practitioner, August 2015

PI Practitioner, August 2015

16/08/15. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

Court of Appeal Overturns 'Michelin Man' Pay-Out Decision - Charles Bagot, Hardwicke

Court of Appeal Overturns 'Michelin Man' Pay-Out Decision - Charles Bagot, Hardwicke

13/08/15. It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important case of Taylor v A.Novo(UK) Ltd [2014] QB 150 was decided, in March...

Coventry v Lawrence: Old Style Costs Regime Survives Human Rights Challenge - Robert Weir QC, Devereux Chambers

Coventry v Lawrence: Old Style Costs Regime Survives Human Rights Challenge - Robert Weir QC, Devereux Chambers

12/08/15.  On 23 July 2014, in a judgment in Coventry v Lawrence [2014] UKSC 46 also covering the issue of a landlord’s liability for nuisance, Lord Neuberger endorsed the arg...

Coventry v Lawrence: Supreme Court Rules That Conditional Fee Agreements Don’t Breach Human Rights - Frances Coulson, Moon Beever Solicitors

Coventry v Lawrence: Supreme Court Rules That Conditional Fee Agreements Don’t Breach Human Rights - Frances Coulson, Moon Beever Solicitors

11/08/15. On 22 July the Supreme Court gave judgment in Coventry v Lawrence . This simple neighbour nuisance case had the misfortune to become a test case for the argument that the...

Car vs Cyclist: Apportionment of Liabilty - Sophie Mortimer, 1 Chancery Lane

Car vs Cyclist: Apportionment of Liabilty - Sophie Mortimer, 1 Chancery Lane

08/08/15. Fenella Sinclair (A protected person by her litigation friend & daughter) v Rachel Joyner [2015] EWHC 1800 (QB). The Claimant was cycling along a rural road. S...

Expert Evidence in Road Traffic Cases - Ian Miller, 1 Chancery Lane

Expert Evidence in Road Traffic Cases - Ian Miller, 1 Chancery Lane

03/08/15. Is the evidence of an expert in cycling safety reasonably required in a personal injury claim arising out of an accident which the claimant alleges was caused by the hi...

Loss of Earnings in the Case of a Child Injured at Birth: An Example From the High Court - Gordon Exall, Zenith Chambers

Loss of Earnings in the Case of a Child Injured at Birth: An Example From the High Court - Gordon Exall, Zenith Chambers

01/08/15. It is always worthwhile looking at the way a trial judge has awarded damages for loss of earnings. This assists greatly in advising clients as to the likely approach at...

Preparing Expert Evidence - Geoffrey Simpson-Scott, Colemans-ctts

Preparing Expert Evidence - Geoffrey Simpson-Scott, Colemans-ctts

30/07/15. In Mulholland v Medway NHS Foundation Trust [2015] EWHC 268 (QB), Green J helpfully reiterated a series of principles for the proper assessment of expert evidence on br...

Editorial: Dishonesty, Allocation and Fixed Costs - Aidan Ellis, Temple Garden Chambers

Editorial: Dishonesty, Allocation and Fixed Costs - Aidan Ellis, Temple Garden Chambers

27/07/15. The interplay between fixed costs and qualified one way costs shifting creates an interesting imbalance with regard to low value cases in which dishonesty is alleged. I...

Bumper Damages Award in RTA but Final Determination of Costs Delayed; a Tale of Funding Based Deficiencies and Relief From Sanctions - Michael Fitzpatrick, John M Hayes

Bumper Damages Award in RTA but Final Determination of Costs Delayed; a Tale of Funding Based Deficiencies and Relief From Sanctions - Michael Fitzpatrick, John M Hayes

23/07/15. O’Brien –v- Shorrock & the MIB (2015) EWHC 1630 (QB). The Claimant had sustained personal injury and loss as a result of an RTA in 2002; a Trial had established the...

Memory and Clinical Negligence Trials: Tressider v Royal Cornwall Hospitals NHS Trust - Tamar Burton, Cloisters

Memory and Clinical Negligence Trials: Tressider v Royal Cornwall Hospitals NHS Trust - Tamar Burton, Cloisters

21/07/15. In Tressider v Royal Cornwall Hospitals NHS Trust [2015] EWHC 1262 (QB) the court had a single liability issue to determine: did a child present with a visible scoliosis ...

Have We Started Yet? Commencement of Contested Hearing and CFA Uplifts - Thomas Crockett, 1 Chancery Lane

Have We Started Yet? Commencement of Contested Hearing and CFA Uplifts - Thomas Crockett, 1 Chancery Lane

19/07/15. When a trial begins is of obvious import to any litigant where one or more party is funded by a conditional fee agreement which provides for an uplift per CPR 45.16 and...

MedCo Portal Update - Mark Solon, Bond Solon

MedCo Portal Update - Mark Solon, Bond Solon

18/07/15. The new system under which all expert reports in soft tissue – that’s whiplash claims to the non-medical – must be commissioned, went live on 6th April 2015, but it has...

PI Practitioner, July 2015

PI Practitioner, July 2015

16/07/15. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

Not All Fun at the Farm - Kelly Langworthy & Rebecca Bowley, Ringrose Law

Not All Fun at the Farm - Kelly Langworthy & Rebecca Bowley, Ringrose Law

13/07/15. The farming industry represents approximately 1.8% of the workforce in Great Britain and being a famer or a farm hand is renowned for being a hazardous occupation. Farm...

Introducing PIcARBS, The Personal Injury Claims Arbitration Service - Andrew Richie QC, 9 Gough Square

Introducing PIcARBS, The Personal Injury Claims Arbitration Service - Andrew Richie QC, 9 Gough Square

11/07/15. The following is taken from a booklet published by PIcARBS. Many shipping, building and commercial disputes are resolved by arbitration. So why is arbitration not ...

A Broadening of Perspective or a Narrowing of the Rules? Conduct and Relief From Sanctions Following Cockell v Holton (No. 2) EWHC 1117 (TCC) - Christopher McClure, John M Hayes

A Broadening of Perspective or a Narrowing of the Rules? Conduct and Relief From Sanctions Following Cockell v Holton (No. 2) EWHC 1117 (TCC) - Christopher McClure, John M Hayes

05/07/15. It would be easy to succumb to the temptation for sensationalism and pen an article which gives the impression that a simple typing error is somehow synonymous with a p...

Three Months of MedCo: A Medical Reporting Organisation’s view - Ian Robinson, MDE Medico-Legal

Three Months of MedCo: A Medical Reporting Organisation’s view - Ian Robinson, MDE Medico-Legal

04/07/15. The latest phase of the Government’s whiplash reforms is now three months old. From April 6, 2015, all low value RTA claims must go through the MedCo Portal, which rand...