News Category 2
The Impact of Mitchell - David Johnson, President of FOIL and Large Loss Partner at Weightmans LLP
16/12/13. The case of Mitchell v NGN is already being described as the case of the decade although it is perhaps more accurate to describe it as the case of a decade and a half as its roots go straight back to Woolf. Case management was a central theme behind Lord Woolf’s proposals in 1999: he blamed lawyers for the delay in the system and aimed to tackle it by transferring more of the responsibility for progressing cases from lawyers to judges. Ten years on, Lord Justice Jackson picked up the baton, aiming to finish the job with new rules on costs budgeting and a greater emphasis on adherence to the rules. Mitchellis the final jigsaw piece: fail to deliver and the consequences will be severe...
Image ©iStockphoto.com/liveostockimages
Read more (PIBULJ subscribers only)...
Claim for Development of Partial Cauda Equina Syndrome Fails - John Mead, The NHS Litigation Authority
12/12/13. Bryce v Newcastle Upon Tyne Hospitals NHS Trust (Newcastle County Court, 22nd August 2012 – Judge Walton). From 2004 Mrs Bryce suffered serious ill-health, including cervical cancer. An MRI scan of her pelvis in early 2006 excluded any recurrence of the cancer.
However, at this time she was also experiencing leg pain and was referred by her GP to the neurology department at the defendant trust. Professor Turnbull saw her on the 25th April 2006 and noted that the pain was causing quite a lot of discomfort. He observed that she had very limited straight leg raising on the right, and that “when she lifts her left leg she also gets pain on the right side”. This is a phenomenon known as crossed Lasegue’s sign, and...
Image ©iStockphoto.com/selimaksan
Lecture to The Society of Clinical Injury Lawyers - Bill Braithwaite QC, Head of Exchange Chambers
10/12/13. I gave a lecture recently to the Society of Clinical Injury Lawyers in Birmingham. They had a very impressive turnout, and it was a pleasure to talk to specialists. As always, lecturing does concentrate my mind, and it made me realise how many different types of clinical negligence claim I've done over the time I've been in silk (21 years). I picked six recent cases, three which I had been considering last week, and chose three topics which I think are essential to pursuing successful claims...
Image cc flickr.com/photos/16848914@N05/2057231177/
Read more (PIBULJ subscribers only)...
Fraudulent Claims and Contempt of Court: if You Can't Do the Time... - Rhiannon Lewis, 1 Chancery Lane
07/12/13. Regular readers will have come across several articles dealing with allegations of fraud or exaggeration. Indeed, allegedly fraudulent accidents appear to be occupying an ever increasing proportion of the court’s time. The recent decision of Spencer J inHomes for Haringey v Barbara Fari and Piper Fari therefore serves as a stark and welcome warning to any budding fraudsters.
Mrs Fari brought a claim for personal injury after tripping outside her home, seeking compensation of £750,000. According to her witness statement, Mrs Fari was left with severe pain and significantly limited mobility, such that everyday tasks were difficult for her to...
Image ©iStockphoto.com/Kuzma
Ramifications of the Mitchell Costs Appeal - Charles Bagot, Hardwicke
04/12/13. There have been lots of sound bites from the costs and CPR compliance judgment dismissing the appeal in Mitchell v News Group Newspapers Limited[2013] EWCA Civ 1526. It is the most far-reaching decision in civil litigation since the introduction of the CPR in 1999. Here we look at the consequences (and unintended consequences) for litigators, the Courts and civil litigation generally. My initial tweet was: “Mitchell costs appeal dismissed. Check your insurance policies litigators. The CPR alligators are coming and this time they're hungry!” Here are my views...
Image ©iStockphoto.com/sodafish
More Articles...
- The Mesothelioma Bill - Jamie Hanley, Pattinson & Brewer
- Case Closed on the Cancellation Regulations? - Aidan Ellis, Temple Garden Chambers
- The Dangers of Unreasonably Refusing to Mediate: PGF II SA -v- OMFS Company 1 Limited - Kate Andrews, Browne Jacobson LLP
- Holiday Claims: Hotel Structure: Local Standards and How These Are Determined - Andrew Spencer, 1 Chancery Lane
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
