February 2016 Contents
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Personal Injury Articles | |
![]() I am once again grateful to Lord Justice Jackson for providing the subject matter of this editorial, through his recommendation in the IPA Annual Lecture that the time has come to introduce fixed costs into the 'lower reaches' of the multi-track... |
![]() Described by the COA in its judgment as 'another chapter in the long running saga of disputes between insurers about liability to indemnify claimants in respect of the cost of hiring replacement vehicles', the case featured a claim... |
![]() The case of Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd [2016] EWHC 167 deals with two interesting questions: (1) does a Part 36 offer have to reflect an available outcome in the litigation to be valid? (2) when is it a genuine attempt to settle liability? |
![]() The recent High Court appellate decision in the case of Craig Rollinson v. Dudley Metropolitan Borough Council addresses the important question as 'whether highway authorities are under a duty to keep all roads, pavements and footpaths throughout England and Wales free from moss and algae'? |
![]() This case raises interesting points in relation to employer's liability and expert evidence in civil cases. The facts of the case are simple. The pursuer (claimant) was a home carer employed by the defenders (defendants) to visit clients in their home to provide personal care. In the winter of 2010 the pursuer suffered injury during the course of her employment when she... |
![]() Edward Bishop QC has successfully defended an NHS trust and the London Ambulance Service against claims under the Human Rights Act 1998 brought by the foster family of a man who died of a heart attack in Wandsworth Prison. The judgment deals with the legal test for liability, causation and victim status... |
![]() The Judgment given by Mr Justice Leggatt in the case of Involnert Management Inc v Aprilgrange Ltd and Others [2015] EWHC 2834 (Comm), ruled that interest on costs, which under the Judgment Act 1838 (Section 17) was at a rate of 8%, should not be applied in this case from the date of Judgment, but would apply from a date of 3 months hence... |
![]() With costs for low value PI claims being stripped to bare bones and further cuts on the horizon, maximising fixed costs is essential. In this article, Jasmine Murphy asks the question: Have we all been missing a trick? The trick in this case is another eighth of the costs allowed in fixed costs cases. |
![]() Garnham J's decision in Mosson v Spousal (London) Ltd [2015] EWHC 53 (QB), handed down today, contains a number of points of interest in relation to the calculation of damages in fatal claims... |
![]() While traditional case law recognizes costs penalties imposed on successful parties who refuse to mediate, Reid v Buckinghamshire Health Care Trust [2015] EWHC B21 turns the tables and imposes additional costs penalties on the NHSLA losing party for failing to mediate on legal costs in this medical negligence case... |
![]() It has been an interesting few years there has been so much to think about personal injury and clinical negligence litigation... |
![]() The courts' approach to relief from sanctions is something on an ongoing saga of complexity and appeal, as the disparate permutations the new so-called 'Jackson Reforms' present themselves in apparently (at least to the Rules Committee) unforeseen ways... |
![]() A road traffic accident, or any event which involves trauma to the head, may result in a brain injury which can cause cognitive, emotional and physical symptoms. The severity of a brain injury is usually graded as mild, moderate or severe and this can help provide guidance on recovery and the rehabilitation required... |
![]() The interesting thing about lecturing is that you get questions and feedback. Following a talk at Hardwicke I thought it may be useful to set out some central issues in relation to fatal accidents. These issues arose both in the talk itself and in conversations afterwards. There are 10 key issues which benefit from reiteration... |
![]() For some light relief (this is being posted on a Friday afternoon after all!) any practitioner involved in PI cases where fraud is alleged could be advised as to look no further than the detailed article published on the BBC Wales' website about a successful prosecution of a so-called 'crash for cash' ring... |
![]() In Shaw -v- Kovac [2015] EWHC 3335(QB) Judge Platts considered the question of whether there is a freestanding head of damages for "loss of life" together with some other aspects of the damages where the claim lies solely on behalf of the estate... |
![]() 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: Section 57 of the Criminal Justice and Courts Act 2015 |
An Update from North of the Border, Edited by David Stihler, Brodies LLP | |
![]() Earlier this month, another of my colleagues started out on his journey towards becoming a solicitor advocate. All going well, he will qualify later this year and join Brodies' in-house advocacy panel. But what does it actually mean to be a solicitor advocate in Scotland and why was the role created... |
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Medico-Legal Articles, Edited by Dr Hugh Koch | |
![]() Five out of the six wettest years documented in UK history have occurred since the year 2000. In December 2015, parts of the UK experienced record-breaking levels of rainfall as a result of Storm Desmond. Climate change is set to... |