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MC & JC Birmingham Women's NHS Foundation Trust [2016] EWHC 1334 (QB) - Natasha Jones, Bevan Brittan

MC & JC Birmingham Women's NHS Foundation Trust [2016] EWHC 1334 (QB) - Natasha Jones, Bevan Brittan

13/07/16. This was a birth injury case which involved a claim bought by mother and son relating to an alleged delay in the management of JC's delivery on 13 February 2010. JC suffered brain damage as...

The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane

The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane

07/07/16. The events of past weeks have brought into sharp focus the seemingly different attitudes held by a majority of the UK population compared to other EU member states. The result, whilst at pr...

Impact of 'Brexit' on Personal Injury Claims - Flora Wood, Ashfords

Impact of 'Brexit' on Personal Injury Claims - Flora Wood, Ashfords

22/06/16. Claimant and Defendant lawyers are used to applying many EU-based regulations and Directives to personal injury claims. How could Brexit affect legal remedies for UK citizens?

EU Directives ...

Mitsui Sumitomo Insurance Co (Europe) Ltd v Mayor's Office for Policing and Crime [2016] UKSC 18 - Caroline Kane, BLM

Mitsui Sumitomo Insurance Co (Europe) Ltd v Mayor's Office for Policing and Crime [2016] UKSC 18 - Caroline Kane, BLM

12/07/16. A recent ruling by the Supreme Court has finally settled the argument as to whether claims for consequential damages are permissible for losses incurred as the result o...

How to Document a Biopsychosocial Assessment in Personal Injury 2016 - Dr Mark Burgin

How to Document a Biopsychosocial Assessment in Personal Injury 2016 - Dr Mark Burgin

04/07/16. Dr. Mark Burgin BM BCh (oxon) MRCGP explains how generalist experts document psychological injuries.

In this article I will explain how to rigorously document a biopsych...

Mrs H v Mr Robinson - Emma Melia & Miray Wahba, Spencers Solicitors

Mrs H v Mr Robinson - Emma Melia & Miray Wahba, Spencers Solicitors

30/06/16. IN THE HIGH COURT OF JUSTICE, QUEEN’S BENCH DIVISION. Case Number HQ14P03794. Accident Date 1 October 2011. Settlement Date 19 June 2015. TOTAL GROS...

Editorial: Vacated Trials - Aidan Ellis, Temple Garden Chambers

Editorial: Vacated Trials - Aidan Ellis, Temple Garden Chambers

29/06/16. In the course of June so far, three of my trials have been vacated – two for lack of Court time and one converted to a 30 minute CMC because the trial bundle was filed ...

Why Settlement of a Personal Injury Claim Does Not Bring the Application of the RTA Protocol to an End - Ben Hicks, 1 Chancery Lane

Why Settlement of a Personal Injury Claim Does Not Bring the Application of the RTA Protocol to an End - Ben Hicks, 1 Chancery Lane

23/06/16. The recent Court of Appeal decision in Phillips v Willis [2016] EWCA Civ 401 has provided welcome clarity as to the fate of claims initially made through the RTA portal w...

Don’t Overlook Foreseeability: Scott v Gavigan [2016] EWCA Civ 544, [2016] All ER (D) 35 (Jun) - Niall Maclean, 12 King’s Bench Walk

Don’t Overlook Foreseeability: Scott v Gavigan [2016] EWCA Civ 544, [2016] All ER (D) 35 (Jun) - Niall Maclean, 12 King’s Bench Walk

20/06/16. On a clear summer evening the Defendant was riding his motorcycle down a long straight road in south London. His speed was about the 30mph, the limit for the road. Walk...

Injuries Resulting in Blindness - Rose Gibson, Simpson Millar LLP

Injuries Resulting in Blindness - Rose Gibson, Simpson Millar LLP

18/06/16. Having dealt with a number of cases involving loss of sight over the years, it was not until I had to visit the JC Guidelines for a case involving total sudden blindnes...

Summary of Recent Cases, June 2016

Summary of Recent Cases, June 2016

15/06/16. 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...

Loss of Earnings: Clinical Negligence and Causation - Gordon Exall, Zenith Chambers & Hardwicke

Loss of Earnings: Clinical Negligence and Causation - Gordon Exall, Zenith Chambers & Hardwicke

14/06/16. The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lea...

The Serious Injury Guide - Duncan Rutter, DAC Beachcroft

The Serious Injury Guide - Duncan Rutter, DAC Beachcroft

13/06/16. The Serious Injury Guide is a voluntary guide that applies to personal injury claims worth £250,000 or more. It does not apply to clinical negligence or asbestos relate...

FE (By his litigation friend PE) v St George’s University Hospital NHS Trust [2016] EWCH 553 - Rachel Vickers, Outer Temple Chambers

FE (By his litigation friend PE) v St George’s University Hospital NHS Trust [2016] EWCH 553 - Rachel Vickers, Outer Temple Chambers

07/06/16. The Claimant was born by emergency Caesarean section at St George’s Hospital on 25th January 2011. He suffered hypoxic ischaemic at birth leading to cerebral palsy...

Over Year-Long Wait for Employment Records from HMRC is Denial of Access to Justice and Breach of ECHR - Roger Maddocks, Irwin Mitchell LLP

Over Year-Long Wait for Employment Records from HMRC is Denial of Access to Justice and Breach of ECHR - Roger Maddocks, Irwin Mitchell LLP

30/05/16. Workplace-related illness and disease can be extremely serious for those affected with many conditions severely affecting quality of life, causing those suffering to be...

Compensation for Pleural Plaques - Andrew James, Hodge Jones & Allen LLP

Compensation for Pleural Plaques - Andrew James, Hodge Jones & Allen LLP

22/05/16. Pleural plaques are the most common manifestation of asbestos exposure and a form of scarring on the lining of the lungs. They appear as grey-white regions of tiny scar...

Closing the Door on Strict Liability: A New Erra of Realism in Workplace Claims - Steven Conway, Keystone Law

Closing the Door on Strict Liability: A New Erra of Realism in Workplace Claims - Steven Conway, Keystone Law

19/05/16. With the passing of section 69 of the Enterprise and Regulatory Reform Act 2013 (“ERRA”), limitation will soon expire of most pre-Act cases, removing strict liability f...

Summary of Recent Cases, May 2016

Summary of Recent Cases, May 2016

15/05/16. 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...

Causation Disputes and Interim Payment Applications - Jennifer Danvers, Cloisters

Causation Disputes and Interim Payment Applications - Jennifer Danvers, Cloisters

14/05/16. In Sellar-Elliott v Howling [2016] EWHC 443 (QB) permission to appeal against an interim payment order of £100,000 was refused in a clinical negligence case where causa...

Lord Justice Jackson Is Right: It’s Time to Extend Fixed Costs - Duncan Rutter, President of the Forum of Insurance Lawyers

Lord Justice Jackson Is Right: It’s Time to Extend Fixed Costs - Duncan Rutter, President of the Forum of Insurance Lawyers

13/05/16. Costs control in the civil justice system has proved a tough nut to crack. From Lord Evershed’s inquiry into English procedural reform in the 1950s, through Lord Woolf’...

Claims of Alleged Fraud Not Exempt From Denton - Ella Davis, 1 Chancery Lane

Claims of Alleged Fraud Not Exempt From Denton - Ella Davis, 1 Chancery Lane

11/05/16. “The court cannot ignore that insurers are professional litigants, who can properly be held responsible for any blatant disregard of their own commercial interests.” - G...

Damages for Abuse - Roderick Abbott, 1 Chancery Lane

Damages for Abuse - Roderick Abbott, 1 Chancery Lane

10/05/16. The Claimant in The court was therefore concerned solely with the assessment of damages. The case had one feature that is depressingly common and one that is rather unu...

Evidence and Interim Payment Applications - Edward Bishop QC, 1 Chancery Lane

Evidence and Interim Payment Applications - Edward Bishop QC, 1 Chancery Lane

09/05/16. The High Court has given useful guidance (which serves as a warning) to defendants on their evidential obligations when defending applications for interim payments.

In Se...

Claimant Firms Must Prepare for the Long Haul - Matthew Gwynne, SpectraLegal

Claimant Firms Must Prepare for the Long Haul - Matthew Gwynne, SpectraLegal

22/07/16. The obstructive tactics employed by many defendants will be well known to claimant clinical negligence lawyers. They can range from the sublime to the ridiculous: Ignor...

Director's Personal Liability for Employers’ Liability Insurance: Scotland and England Aligned - Robert Cranston & Fiona Beal, Brodies LLP

Director's Personal Liability for Employers’ Liability Insurance: Scotland and England Aligned - Robert Cranston & Fiona Beal, Brodies LLP

18/07/16. Readers may remember our report on a previous Scottish court decision that resulted in Scotland diverging from England on whether a director can be personally liable for ...

Dunhill v W Brook & Co and Crossley: Professional Negligence Claim Against Counsel and Solicitors - David Green, Pupil, 12 King's Bench Walk

Dunhill v W Brook & Co and Crossley: Professional Negligence Claim Against Counsel and Solicitors - David Green, Pupil, 12 King's Bench Walk

Ms Dunhill received a head injury in a road traffic accident in June 1999. She was represented by the First Defendant solicitors throughout: Mr Brooks was the file handler, and ...

Dishonest Claimants: Utilising the Tort of Deceit - Judy Dawson, Park Square Barristers

Dishonest Claimants: Utilising the Tort of Deceit - Judy Dawson, Park Square Barristers

08/07/16. In criminal law it is generally clear; if you cheat or lie or steal or defraud then you get punished. If you try but fail then you still get punished; English criminal ...

When an Unsafe Structure Does Not Trigger the Landlord’s Duty to Repair - Colm Nugent, Hardwick

When an Unsafe Structure Does Not Trigger the Landlord’s Duty to Repair - Colm Nugent, Hardwick

02/07/16. The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd ...

Mr A v Mr Chana - Emma Melia & Miray Wahba, Spencers Solicitors

Mr A v Mr Chana - Emma Melia & Miray Wahba, Spencers Solicitors

30/06/16. Birmingham County Court. Case Number: A49YP577. Accident Date: 3rd November 2011. Settlement Date: 27th April 2016. TOTAL GROSS SETTLEMENT...

Trial Advocacy Fees Recoverable Even if the Matter Settles on the Day of Trial - Francesca O'Neil, 1 Chancery Lane

Trial Advocacy Fees Recoverable Even if the Matter Settles on the Day of Trial - Francesca O'Neil, 1 Chancery Lane

30/06/16. The appeal court has found that, even where a matter settles “at the door of the court” and so no effective trial has taken place, the fixed trial advocacy fee is recov...

Keep It Simple, Sheriff: Simple Procedure in the Sheriff Court - Peter Demick & Ben Bestgen, Brodies LLP

Keep It Simple, Sheriff: Simple Procedure in the Sheriff Court - Peter Demick & Ben Bestgen, Brodies LLP

29/06/16. Riding on the winds of change in Scotland’s civil courts reforms (with our special focus on personal injury), we have already seen the creation of the All-Scotland Sher...

Trial by Ambush? - Ella Davis, 1 Chancery Lane

Trial by Ambush? - Ella Davis, 1 Chancery Lane

24/06/16. In Hayden v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB) Foskett J, albeit with “considerable misgiving”, allowed a Defendant to rely on surveillance...

Clean Air: A Claim Under Article 1? - Ian Miller, 1 Chancery Lane

Clean Air: A Claim Under Article 1? - Ian Miller, 1 Chancery Lane

In February 2013 nine-year-old Ella Kissi-Debrah from Hither Green in South London died after suffering a severe asthma attack. “Can the courts be used to establish that we have...

The Decision in Parker v Butler [2016] EWHC 1251: The Applicability of QOCS to Appeals - Craig Fisher, 7 Harrington Street Chambers

The Decision in Parker v Butler [2016] EWHC 1251: The Applicability of QOCS to Appeals - Craig Fisher, 7 Harrington Street Chambers

17/06/16. Parker v Butler started life as a fairly unremarkable road traffic collision on the M18/M180 roundabout that occurred on 10 April 2013, and fell into that all too commo...

PI Practitioner, June 2016

PI Practitioner, June 2016

16/06/16. 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...

QOCS: Applies to Appeals? - Thomas Crockett, 1 Chancery Lane

QOCS: Applies to Appeals? - Thomas Crockett, 1 Chancery Lane

06/06/16. Qualified One-way Costs Shifting: does it apply to appeals? Yes, according to Edis J in Parker v Butler [2016] EWHC 1251 (QB), who held:

3. If (as is likely to be the...

Editorial: Further Reflections on Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers

Editorial: Further Reflections on Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers

27/05/16. It is well known that pursuant to QOWCS, the circumstances in which a Defendant can enforce its costs against an unsuccessful Claimant are limited. One exception applie...

Update From North of the Border: Class Actions - Sarah Donaldson, Lauren Pasi & Lewis Clark, Brodies LLP

Update From North of the Border: Class Actions - Sarah Donaldson, Lauren Pasi & Lewis Clark, Brodies LLP

21/05/16. Many readers will be familiar with the concept of a ‘class action’ thanks to Julia Roberts and John Travolta, and their starring roles in 90s hit films Erin Brockovich and...

Heneghan v Manchester Ship Canal; Heads I Win, Tails You Lose? - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law

Heneghan v Manchester Ship Canal; Heads I Win, Tails You Lose? - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law

18/05/16. Following the Fairchild 1 decisions, Defendants and insurers feared the extension of the modified test of causation to lung cancer claims. This was a real concern because ...

Case Note: Rai v Ministry of Defence; judgment of 9 May 2016; High Court (QB) Middlesbrough District Registry; HHJ Gargan - Philip Mead, Old Square Chambers

Case Note: Rai v Ministry of Defence; judgment of 9 May 2016; High Court (QB) Middlesbrough District Registry; HHJ Gargan - Philip Mead, Old Square Chambers

17/05/16. Facts: employer’s liability claim. Claimant suffered a head injury during the course of training when kicked by a horse. Accident happened in Alberta, Canada. The train...

PI Practitioner, May 2016

PI Practitioner, May 2016

16/05/16. 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...

Changes to the Civil Procedure Rules Relating to Costs: April 2016 - Stephane Osborne, MRN Solicitors

Changes to the Civil Procedure Rules Relating to Costs: April 2016 - Stephane Osborne, MRN Solicitors

15/05/16. As is often the case these days another Civil Procedure Rule update has brought another change to the rules concerning costs. The statutory instrument containing the am...

Paying the (Full) Price? Underpaid Fees and Limitation Periods - Simon Murray, 1 Chancery Lane

Paying the (Full) Price? Underpaid Fees and Limitation Periods - Simon Murray, 1 Chancery Lane

12/05/16. If you pay less than the appropriate fee when issuing your claim before the expiry of the limitation period is your claim in time? Or do you pay the price by being stat...