October 2014 Contents
![]() CPD Quiz The quiz is designed to meet the CPD requirements of the SRA and the BSB. It provides 1.5 hours accredited distance learning. Law Brief Publishing Ltd is registered with the Solicitors Regulation Authority for England and Wales, ref EGB/LBPL, and with the Bar Standards Board. The CPD is also valid for cILEX (formerly ILEX) members and for members of the Chartered Insurance Institute (CII). Please check with the relevant organisation for full details of their CPD rules. Take the CPD Quiz Feedback Form CPD Information
|
|
Personal Injury Articles | |
![]() Asbestos-related illnesses continue to be litigated controversially, with no apparent let-up in the number of new claims and the complexity of the issues they generate. In this article I hope to give a flavour of some of the most important developments in this area over the past year or so... |
![]() Part 36 was brought into existence to encourage settlement between the parties. However it can sometimes feel that as opposed to encouraging settlement Part 36 has imported an additional layer of complexity into proceedings. This article will consider some essentials truths about part 36 and some myths about part 36. |
![]() With the ongoing process of Operation Yewtree and the decision of the Yorkshire Police last month to commission an independent investigation into its handling of the Rotherham child exploitation scandal, reports of historic sexual abuse have a continued and wide reaching presence in the national headlines. |
![]() In claims arising from road traffic accidents, where the Insurer has concerns about the claim presented, it is becoming increasingly difficult to advise the Claimant about the merits of their claim pre-action. The reason is that Insurers commonly send a letter repudiating the claim but not setting out... |
![]() Can a claimant tear up the agreement and issue Part 7 proceedings for the damages if the defendant fails to pay damages and/or costs within 10 days of a settlement at Stage 2 of the RTA or EL/PL Protocol? That was the issue before the court in Coggon v Irvine... |
![]() Considering the impact of Collins v The Secretary of State for Business Innovation and Skills [2014]... |
![]() On 4th September the Court of Justice of the European Union (CJEU) delivered what is arguably its most important ruling to date on the scope of compulsory third party motor insurance (TPMI). The decision in Damijan Vnuk v Zavarovalnica Triglav d.d., [2014] CJEU Case C-162/13 is a 'game-changer'... |
![]() Watch all of the surveillance. As Barabara Fari discovered, surveillance evidence can be powerful and turn a case upside down. However, both sides need to carefully and methodically review surveillance evidence before drawing conclusions about its impact on a claim. Surveillance companies typically adopt the "Match of the Day" approach... |
![]() This Note is a further rumination on Frances McClenaghan's recent post about the Court of Appeal's very recent decision in Wagenaar. It considers the tactical implications (for Tour Operators) of the QOCs rules (in respect of Part 20 recovery claims against local suppliers). |
![]() In the context of a claim for future loss of earnings, for a number of years the Courts have been grappling with the thorny issue of when it is appropriate to adjust the reduction factors (RF) in Ogden tables A to D (contingencies other than mortality) to reflect the particular circumstances of the claimant and the... |
![]() In a keynote speech on 30 September 2014, Lord Jackson reminded us of his vision for the future. Whilst the Rule Committee has introduced new fixed costs rules for fast track personal injury cases (amending CPR Part 45), effective from 1 April 2013, these fixed costs are lower than... |
![]() As currently drafted the Fatal Accidents Act 1976 could treat gay men and gay women differently. Here I look at the reason why and examine the possible solution. |
![]() What are the cost consequences of accepting a Part 36 offer where, after the relevant period under r 36.2(2)(c) had expired, an offeror varied the terms of the offer under r 36.3(6) to make it less advantageous? This issue was considered in Burrett v. Mencap Limited [2014]. |
![]() Several years ago, there was a trend for insurers to suggest that people who had been catastrophically injured could be looked after by "live-in carers". It became a term with a specific meaning, namely the equivalent of a housekeeper. The carer would work 24 hours a day, sleeping normally at night in the patient's home... |
![]() I looked at the case of Knauer -v- Ministry of Defence [2014] EWHC 2553 (QB) earlier. However one significant aspect of the case justifies close examination. The judge put a clear and definite value on the loss to a widower caused by the death of his wife who were in a "traditional" relationship where she did all the housework... |
![]() I saw a client recently who had visited quite a lot of medico-legal experts. He has sustained a serious brain injury, as well as many other serious injuries. He was accompanied by a member of his family; she seems to me to be an extremely sensible and nice person. According to her, the consultation with the expert (a doctor) was "horrible"... |
![]() Once upon a time there was the Smith v Manchester award. If the claimant returned to work but with a disability which put him at a substantial and not speculative or fanciful disadvantage on the open labour market, he would receive an award, often linked to so many... |
![]() There's a real tension, I think, between finishing a catastrophic injury claim quickly, and getting the right result. Insurers seem to me to be pushing hard in many cases to have early meetings, to become involved in rehabilitation, and they use that process to pave the way for early settlement discussions... |
![]() Here is a summary of the recent notable court cases over the past month. |
![]() Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Ogden Tables A to D: The Use of Adjusted Reduction Factors. |
Medico-Legal Articles, Edited by Dr Hugh Koch | |
![]() Review of Article: Exploiting liars' verbal strategies by examining the verifiability of details - Nahari G, Vrij A and Fisher R P - Legal and Criminological Psychology (2014) 19, 227-239 |
|
Expert Witness Articles | |
![]() Chris Pamplin looks at what can be done when your expert's opinion changes. In these days of austerity and with a cost-conscious judiciary, less leeway is likely to be given to parties in matters of procedure, including late applications relating to expert evidence... |