19/11/23. Consultations are rumbling on. As previously mentioned in this newsletter, the government is currently working towards policy changes to lower value clinical negligence claims (those valued between £1,501 and £25,000).
The original consultation concluded in 2022, with the government recently confirming their intention to bring in a fixed costs regime known as the “LDFRC scheme”. The policy intent is “to facilitate faster resolution of claims at ...
10/11/23. The current state of the law regarding material contribution in clinical negligence appears complicated and uncertain. This book chart...
The right to compensation for injuries caused by another’s fault has been protected for over 3,700 years since The Code of Hammurabi. The expan...
30/06/23. The Divisional Court considered whether 3,450 claims issued on a single claim form were permitted to proceed.
Proceedings were commence...
27/06/23. As explained at [1] and [3]–[6], the Judicial Committee of the Privy Council has a ‘ practice of declining to hear appeals which [are] in...
20/11/ 23. Shaun Trotman v Master Brickwork London Essex Limited [2023] EWHC 2791 (KB). This case dealt with the question of whether a successful Claimant is limited to securing a...
18/11/23. Amjad v UK Insurance Limited [2023] EWHC 2832 (KB). Date of Judgment: 10/11/2023. Mr Justice Richie allowed an appeal of a costs decision relating to the exceptions to ...
30/10/23. This decision comprised a damages assessment for misuse of private and intimate information – a new frontier for personal injury litigation in this digital age. It is a...
30/10/23. Crypto Open Patent Alliance v Wright [2023] EWHC 2408 (Ch), Date of Judgment: 03/10/2023. This case is one of several strands of litigation that relate to Dr Craig Wrig...
30/09/23. The case arose out of a deeply unhappy set of circumstances, as well as an unhappy procedural history. The Claimant was the widow of a man who had died of metastatic me...
27/09/23. In this case, a separate judgment on costs was given by Master Marsh (sitting in retirement) following written submissions by the Claimant and the Third Defendant. The ...
25/08/23. In this case, the Appellant had asserted at trial that he had suffered various injuries in a road traffic accident, including an alleged injury to his head causing swel...
23/08/23. Mr Justice Richie addressed two matters of importance. First, how the court should assess whether a combined Part 36 offer has been beaten. Second, whether an appeal po...
31/07/23. In this case, the Court of Appeal analysed s 70 of the Solicitors Act 1974.
As explained at [1], s 70 ‘ entitles a client to apply to the court for an assessment of a sol...
30/07/23. Judges are often asked to consider the honesty of a witness when giving evidence. Mr Justice Richards considered the question in the context of an action by a corporate...
04/07/23. In 2021, the Ministry of Justice brought in reforms that increased the small-claims limit for road traffic accidents from £1,000 to £5,000, implemented fixed damages fo...
29/06/23. The Court of Appeal considered an application for a declaration that would have “future-proofed” the Claimant’s costs liability where he was late to accept the defendant’...
07/06/23. The Court of Appeal considered an appeal against a decision that an unsuccessful party pay the costs involved in applications in relation to a non-party.
The Claimant wa...
28/06/23. At a summit in May, the Council of Europe announced the establishment of a Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine.
Accordi...
31/05/23. As set out at [1]–[11], there has been a divergence of practice in the County Court on whether prospective defendants in credit hire cases who apply for pre-action disc...
08/05/23. The legal profession is often viewed as being exclusively for the ‘elite’. To be fair, there has been a lot of snobbery around the law—both real and perceived—and it is...
24/04/23. The fear of accidentally breaching an embargo on the disclosure of a draft judgment rests with all practitioners. Some comfort can be taken from the Court of Appeal’s d...
15/04/23. On this appeal, the Court of Appeal addressed ‘ whether a summary assessment must be undertaken by the judge making the order for summary assessment ’: see [1].
Summary
15/03/23. In Aruchanga v Secretary of State for the Home Department [2023] EWHC 282 (KB) the Claimant sought damages for breach of a common law duty of care by the Defendant for ...
14/03/23. PME v The Scout Association [2023] EWHC 158 (Senior Courts Costs Office) considered an application for a non-party costs order (“ NCPO ”) against a claimant’s solicitors,...
17/11/23. A 59-year-old woman has reached a settlement of over £1 million in relation to medical issues that arose as a result of a vaginal mesh implant. She received the transva...
31/10/23. This case focused on the application of the Consumer Rights Act (“CRA”) 2015 to barristers’ fees in a case where a lay client had instructed two barristers on a direct ...
31/10/23. Last month, the Justice Committee published their report entitled ‘ Whiplash Reform and the Official Injury Claim Service ’. This report is written as part of an inquiry ...
29/09/23. Much has already been said about the incoming extended fixed recoverable costs (“FRC”) regime and accompanying intermediate track which take effect from 1 October 2023....
02/09/23. This Practical Guide to Dental Negligence Litigation provides helpful information for lawyers who are running dental negligence cases, be that for Claimant or Defendant...
24/08/23. This claim arose out of an incident in which the Claimant had been tasered by the police and had fallen and hit his head. The Claimant had brought a claim for assault, ...
22/08/23. The appeal related to a case management order (CMO) made by Master Thornett at the RCJ in March 2023. The Master was critical of the pleadings and the Claimant’s Part 1...
02/08/23. The HSE has identified silica as the greatest risk to construction workers after asbestos. Despite not only the risks of respiratory crystalline silica being well known...
31/07/23. As Sir Geoffrey Vos MR—with whom Nicola Davies LJ agreed and Birss LJ agreed in a short concurring judgment—explained at [1], ‘[t] his case highlight [ed] a controversial ...
30/07/23. The fixed costs regime pursuant to CPR r.45 is very familiar territory to personal injury practitioners. In Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838, the Cou...
06/06/23. A judgment handed down by Ritchie J reminds practitioners about the appropriate role of skeleton arguments in proceedings.
The Appellant had been granted permission to a...
30/05/23. In this case, Andrew Baker J addressed whether Webb v Barclays Bank PLC and Portsmouth Hospitals NHS Trust [2002] PIQR P8 ‘ establishe [d] as a rule of law that medical trea...
23/04/23. Eyre J considered whether or not a former soldier had been fundamentally dishonest in his personal injury claim in light of surveillance footage.
Background
The claimant ...
16/04/23. CPR 27.9 governs ‘[n] on-attendance of parties at a final hearing ’ on the small claims track. The question for the Court of Appeal in this case was what CPR 27.9 means b...
03/04/23. In 2021, the Ministry of Justice brought in reforms that increased the small-claims limit for road traffic accidents from £1,000 to £5,000, implemented fixed damages f...
02/03/23. In recent years, it has become increasingly common for consumers to travel abroad for cosmetic surgical and dental procedures. Consumers may be enticed to go abroad fro...
22/03/23. In Deutsche Bank AG v Sebastian Holdings Ltd [2023] EWCA Civ 191, the Court of Appeal addressed what Andrews LJ described at [127] of her concurring judgment as ‘ the topi...
16/03/23. GKE V BRETT NIGEL TRAVERS GUNNING [2023] EWHC 332 (KB).
24/02/23. The first instance Judge had erred in making a third-party costs order against the Claimant’s expert in a clinical negligence claim
Background
The Claimant had brought a ...
17/02/23. In this book, Jake Rowley will provide a concise and practical consideration of the law and practice relating to ‘low velocity impact’ (or “LVI”) road traffic accidents...