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FREE BOOK CHAPTER: An Introduction to Personal Injury Litigation (From 'An Introduction to Personal Injury Law' by David Boyle)

FREE BOOK CHAPTER: An Introduction to Personal Injury Litigation (From 'An Introduction to Personal Injury Law' by David Boyle)

02/05/17. Personal injury law is ubiquitous. Whilst only a tiny fraction of day to day legal practice in this country, it differs markedly from other areas of law ...

The Eagle Has Landed! Coffee, Croissants and Counter Schedules - Simon Readhead QC, 1 Chancery Lane

The Eagle Has Landed! Coffee, Croissants and Counter Schedules - Simon Readhead QC, 1 Chancery Lane

19/03/17.  How much do you spend on lunch? The answer for the average Briton is £53,844 during their working lives. Across a 40 year career another £40,128 go...

Football and Historic Sexual Abuse: The Approach to Quantum - Francesca O'Niell, 1 Chancery Lane

Football and Historic Sexual Abuse: The Approach to Quantum - Francesca O'Niell, 1 Chancery Lane

18/03/17. The news has been bleak and unrelenting: the scandal of historic child sexual abuse continues to fill the headlines. It seems as if no sector of society ...

Thoughts on the Discount Rate Review - Nicola Bickham, Veale Wasbrough Vizards

Thoughts on the Discount Rate Review - Nicola Bickham, Veale Wasbrough Vizards

19/04/17. Claimant personal injury lawyers welcomed the announcement made by the Lord Chancellor, Liz Truss, that the way future losses in personal injury claims w...

The Optimistic Surgeon and the Unhappy Patient: Lessons from the Courtroom - Paul Sankey, Foot Anstey LLP

The Optimistic Surgeon and the Unhappy Patient: Lessons from the Courtroom - Paul Sankey, Foot Anstey LLP

11/05/17. When an optimistic surgeon met an unhappy patient in court, it was the patient who had the judge's sympathy. The story has lessons for all surgeons. The courts now expe...

Mcgeer v Macintosh: Lethal Weapon 6? - Charles Feeney, Complete Counsel

Mcgeer v Macintosh: Lethal Weapon 6? - Charles Feeney, Complete Counsel

20/04/17. In McGeer v Macintosh (2017 EWCA Civ.79), the Defendant’s appeals both against primary liability and the assessment of contributory negligence risen from a road traffic...

Comment on the Consultation, Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims - Agata Usewicz, Hodge Jones & Allen

Comment on the Consultation, Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims - Agata Usewicz, Hodge Jones & Allen

24/04/17. News that the Department of Health’s long-awaited consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims will close on 2 May this year...

Summary of Recent Cases, April 2017

Summary of Recent Cases, April 2017

15/04/17. 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...

Bolam Under Attack: Muller v Kings College Hospital and Webster v Burton Hospitals - David Sanderson, 12 King's Bench Walk

Bolam Under Attack: Muller v Kings College Hospital and Webster v Burton Hospitals - David Sanderson, 12 King's Bench Walk

13/04/17. Two judgments handed down this month explore the boundaries of the Bolam principle and limit its application. In the first, Kerr J doubted that Bolam was apposite where the...

Critical Time Ahead for PI Firms - Lesley Graves, Citadel Law

Critical Time Ahead for PI Firms - Lesley Graves, Citadel Law

12/04/17. With reform firmly on the horizon, firms need to take a critical look at the profitability of their personal injury work and consider a radical shake up, advises Lesley...

How Will the New Motor Insurers Bureau Agreements Affect Motor Claims in the UK? - Michelle Reilly, Hill Dickinson LLP

How Will the New Motor Insurers Bureau Agreements Affect Motor Claims in the UK? - Michelle Reilly, Hill Dickinson LLP

07/05/17. The Motor Insurers Bureau has released a new Untraced Drivers Agreement 2017 and a Supplementary Agreement to the Uninsured Drivers Agreement 2015. Both apply to accide...

UK Personal Injury Reform and New Ogden Rates Go Into Law - Jacob Maslow, LegalScoops.com

UK Personal Injury Reform and New Ogden Rates Go Into Law - Jacob Maslow, LegalScoops.com

06/04/17. Personal injury reform in the United Kingdom is changing at a rapid pace. A long way back, in 1995, there was no advertising or referral fees for legal services. No wi...

Consent to Medical Treatment: Must the Surgeon Advise Who Will Operate? Can the Patient Choose? - Paul Sankey, Foot Anstey LLP

Consent to Medical Treatment: Must the Surgeon Advise Who Will Operate? Can the Patient Choose? - Paul Sankey, Foot Anstey LLP

04/04/17. Does a patient have a right to choose who will carry out their operation? Is her consent to treatment valid if there is a late change of surgeon? These are questions wh...

Editorial: Seeing Negatives in the Discount Rate - Aidan Ellis, Temple Garden Chambers

Editorial: Seeing Negatives in the Discount Rate - Aidan Ellis, Temple Garden Chambers

29/03/17. No personal injury lawyer will be unaware that on 27 February 2017, the Lord Chancellor lowered the discount rate from 2.5% to -0.75%. It was a dramatic change and imme...

Late-Acceptance of Part 36 Offers: Do Fixed Costs Apply? - Tom Collins, 1 Chancery Lane

Late-Acceptance of Part 36 Offers: Do Fixed Costs Apply? - Tom Collins, 1 Chancery Lane

03/03/1 7.  It’s a little over a year now since the Court of Appeal gave judgment in Broadhurst v Tan , a decision which dramatically raised the stakes in fixed cost EL/PL and ...

Summary of Recent Cases, March 2017

Summary of Recent Cases, March 2017

15/03/17. 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...

Mckenzie Friends: Improving Access to Justice in Clinical Negligence 2017 - Dr Mark Burgin

Mckenzie Friends: Improving Access to Justice in Clinical Negligence 2017 - Dr Mark Burgin

07/03/17. Dr Mark Burgin BM BCh (oxon) MRCGP considers the expert’s duty to the court when instructed by a Litigant in Person (LIP) assisted by a McKenzie friend.

The Woolf reform...

Long Awaited Move Towards Fixed Costs in Clinical Negligence Claims Suggests New Ways of Reducing Costs in Other Types of Lower Value Claims - Simon Denyer, DWF LLP

Long Awaited Move Towards Fixed Costs in Clinical Negligence Claims Suggests New Ways of Reducing Costs in Other Types of Lower Value Claims - Simon Denyer, DWF LLP

05/03/17. It is right for insurers to look for likely impacts on costs issues affecting the handling of lower value injury and non-injury claims from the publication yesterday by...

Nice Try - Colin Vickers, DWF LLP

Nice Try - Colin Vickers, DWF LLP

03/03/17. Two claimants who made personal injury claims after a low speed road traffic collision near the Houses of Parliament had their claims dismissed and were found to be fun...

FREE BOOK CHAPTER: Current Vehicles, Current Law (From 'The Law of Driverless Cars: An Introduction' by Alex Glassbrook)

FREE BOOK CHAPTER: Current Vehicles, Current Law (From 'The Law of Driverless Cars: An Introduction' by Alex Glassbrook)

28/02/17. Chapter One from the UK's first book on the law of driverless cars.

Motor vehicles are now almost always under the control of a human driver when in motion. The current ...

Editorial: Statutory Damages for Injuries from Vaccinations - Aidan Ellis, Temple Garden Chambers

Editorial: Statutory Damages for Injuries from Vaccinations - Aidan Ellis, Temple Garden Chambers

23/02/17. An interesting recent case involving narcolepsy and the swine flu vaccine, Secretary of State for Work and Pensions v FG (on behalf of John) [2017] EWCA Civ 61, drew my...

Hutton and others v CICA: Review of the UT’s judicial review jurisdiction and out of time applications in criminal injury compensation claims - Owain Thomas QC, One Crown Office Row

Hutton and others v CICA: Review of the UT’s judicial review jurisdiction and out of time applications in criminal injury compensation claims - Owain Thomas QC, One Crown Office Row

22/02/17. Hutton and others v Criminal Injuries Compensation Authority [2016] EWCA Civ 1305. A claim for criminal injuries compensation was brought almost 40 years out of time. C...

Hetherington v The Trustees Thornberry Animal Sanctuary - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

Hetherington v The Trustees Thornberry Animal Sanctuary - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

20/02/17. Rotherham County Court. Case number: A71YP448. Accident date: 14 December 2013. Settlement date: 27 January 2016. Gross settlement: £25,000.00.

Background

On 14...

Navigating the Minefield: Claims in the Employment Tribunal, County Court and Abuse of Process - Liam Ryan, Ely Place Chambers

Navigating the Minefield: Claims in the Employment Tribunal, County Court and Abuse of Process - Liam Ryan, Ely Place Chambers

19/02/17. When dealing with Stress at Work cases one of the first issues that needs to be considered is in which forum (County or High Court as opposed to the Employment Tribunal...

FREE BOOK CHAPTER: Historical Background to the Present Legislation (From 'A Practical Guide to Claims Arising from Fatal Accidents' by James Patience)

FREE BOOK CHAPTER: Historical Background to the Present Legislation (From 'A Practical Guide to Claims Arising from Fatal Accidents' by James Patience)

1.1 INTRODUCTION

In this chapter the development of the current statutory framework for damages for wrongful death is examined. The current statutory framework is summarised.

1.2 ...

Sanction for Counsel Allowed on Appeal - Cumming v SSE Plc - Catriona Hepburn, Brodies LLP

Sanction for Counsel Allowed on Appeal - Cumming v SSE Plc - Catriona Hepburn, Brodies LLP

27/04/17. In the Sheriff Court (Scotland’s County Court) parties will not automatically recover the cost of counsel and must instead seek approval, or sanction, from the Sheriff....

Editorial: Parenting and Personal Injury - Aidan Ellis, Temple Garden Chambers

Editorial: Parenting and Personal Injury - Aidan Ellis, Temple Garden Chambers

27/04/17. Confronted by bad weather and overly energetic children, I recently gave in and took my family to an indoor soft play centre. Once inside, it transpired that many paren...

Using Mathematics in Loss of a Chance Cases - Dr Mark Burgin

Using Mathematics in Loss of a Chance Cases - Dr Mark Burgin

26/04/17. Dr. Mark Burgin BM BCh (oxon) MRCGP explains how mathematics can improve consistency and fairness in Loss of a Chance Cases.

Clinical negligence can cause pain and suffe...

Deregulation of Health and Safety Law for the Self-Employed - Matthew Hodson, Farrar's Building

Deregulation of Health and Safety Law for the Self-Employed - Matthew Hodson, Farrar's Building

25/04/17. The Health and Safety at Work etc. Act 1974 (‘HSWA’) has been amended by:

  • The Deregulation Act 2015, which came into force on 26 th March 2015; and,

  • The Health and Safety a...

Third Parties (Rights Against Insurers) Act 2010: Winners and Losers - Marlene Henderson, Browne Jacobson LLP

Third Parties (Rights Against Insurers) Act 2010: Winners and Losers - Marlene Henderson, Browne Jacobson LLP

21/04/17. The Third Parties (Rights against Insurers) Act 2010 (“2010 Act”) which came into force on 1 August 2016 is a clear victory for claimants wishing to pursue claims again...

PI Practitioner, April 2017

PI Practitioner, April 2017

16/04/17. 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...

Criminal Injuries Compensation: Time for Change - Neil Sugarman, Neil Sugarman, President of APIL

Criminal Injuries Compensation: Time for Change - Neil Sugarman, Neil Sugarman, President of APIL

10/04/17. The first ever scheme to compensate victims of violent crime in Great Britain was launched in 1964.

It was an ex gratia scheme provided by the government of the day and ...

Payment of the Incorrect Court Fee; Does It Give Rise to a Limitation Defence? (Answer: Almost Certainly Not) - Andrew Roy, 12 King's Bench Walk

Payment of the Incorrect Court Fee; Does It Give Rise to a Limitation Defence? (Answer: Almost Certainly Not) - Andrew Roy, 12 King's Bench Walk

05/04/17. Wells v Wood, Lincoln County Court, HHJ Godsmark QC 9 December 2016, 2016 WL 07330089

Introduction

  1. In the professional negligence case of Lewis v Ward Hadaway [2015] EWHC 3...

Court of Appeal in Sharp v Leeds CC Decides Fixed Costs 'plainly apply to the costs of a PAD application' in Ex-Protocol Cases - Marcus Coates-Walker, St John's Chambers

Court of Appeal in Sharp v Leeds CC Decides Fixed Costs 'plainly apply to the costs of a PAD application' in Ex-Protocol Cases - Marcus Coates-Walker, St John's Chambers

03/04/17. In the case of Sharp v Leeds City Council [2017] EWCA Civ 33 the Court of Appeal (COA) determined a “ short but important point ” in relation to pre-action disclosure (PAD)...

An Update From North of the Border: Pursuers’ Offers Arrive in Scotland on 3 April 2017 - Douglas McGregor, Brodies LLP

An Update From North of the Border: Pursuers’ Offers Arrive in Scotland on 3 April 2017 - Douglas McGregor, Brodies LLP

30/03/17. Parties litigating regularly in England & Wales will be very familiar with the ability of both claimants and defendants to seek to protect their respective position...

Court of Appeal Holds That Defendants May Owe a Duty to Safeguard Their Employees’ Reputations When Conducting Litigation - Andrew Warnock QC, 1 Chancery Lane

Court of Appeal Holds That Defendants May Owe a Duty to Safeguard Their Employees’ Reputations When Conducting Litigation - Andrew Warnock QC, 1 Chancery Lane

23/03/17. In a remarkable decision with far reaching implications, the Court of Appeal held that the Metropolitan Police Commissioner had arguably owed and breached a duty of car...

PI Practitioner, March 2017

PI Practitioner, March 2017

16/03/17. 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...

Late Acceptance of Part 36 Offers: Do Fixed Costs Apply? - Tom Collins, 1 Chancery Lane

Late Acceptance of Part 36 Offers: Do Fixed Costs Apply? - Tom Collins, 1 Chancery Lane

15/03/17. It’s a little over a year now since the Court of Appeal gave judgment in Broadhurst v Tan , a decision which dramatically raised the stakes in fixed cost EL/PL and RTA ca...

What Are The Wrong Times To Mediate On A Case - Justin Patten, Human Law

What Are The Wrong Times To Mediate On A Case - Justin Patten, Human Law

06/03/17.  What are the dangers of mediation and when should you not mediate?

People like me who mediate like to think of the virtues of mediating, but when does mediation no...

Courts Demonstrate a Reluctance to Extend the Concept of Vicarious Liability in Two Important Decisions in the High Court and Court of Appeal - Liz Harrison, DWF LLP

Courts Demonstrate a Reluctance to Extend the Concept of Vicarious Liability in Two Important Decisions in the High Court and Court of Appeal - Liz Harrison, DWF LLP

04/03/17. Following on from the Supreme Court’s decision earlier this year in Mohamud v WM Morrison Supermarkets Plc, the High Court and the Court of Appeal have introduced some ...

Compensation for Tree Root Damage: A Different Approach - Gabriel Fay, DWF LLP

Compensation for Tree Root Damage: A Different Approach - Gabriel Fay, DWF LLP

02/03/17. We are all familiar with actions in nuisance for injunctions and damages in respect of alleged tree root subsidence. In this latest article for local authorities, Gabri...

Case Summary: C v Toma (D) - Emma Melia, Spencers Solicitors

Case Summary: C v Toma (D) - Emma Melia, Spencers Solicitors

23/02/17. Case Name: C v Toma (D), Court Name: N/A, Case Number: N/A, Accident Date: 11/06/2014, Settlement Date: 21st July 2015, Total Gross Settlement ...

An Update From North of the Border: Scottish Courts Continue to Take an Increasingly Strict Approach - Charlotte Edgar, Brodies LLP

An Update From North of the Border: Scottish Courts Continue to Take an Increasingly Strict Approach - Charlotte Edgar, Brodies LLP

22/02/17.  The Update this month focuses on two decisions that show that Scottish courts continue to take an increasingly strict approach. The first considers a refusal to s...

FREE BOOK CHAPTER: Local Authority Services (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson)

FREE BOOK CHAPTER: Local Authority Services (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson)

21/02/17. Under Section 9 of the Care Act 2014, local authorities in England are legally obliged to assess anyone who comes to their notice as being potentially in need of care a...