News Category 3
Some Early Indications of Fundamental Dishonesty Interpretations: Nama v Elite Courier Company [2014], and a Comment on Facebook Evidence - Judy Dawson, Park Square Barristers
10/11/15. Judy Dawson of Park Square Barristers Fraud Team, based in Yorkshire discusses the loss of QOWCS protection in fundamental dishonesty cases, with a commentary of the ongoing and evolving use of Facebook Evidence.
CPR 44.16
We are all getting used to the new regime of QOWCS and the Courts are beginning to grapple with CPR 44.16(1); “Orders for costs made against the Claimant may be enforced to the full extent of such orders with the permission of the Court where the claim is found on the balance of probabilities to be fundamentally dishonest”.
The Nama case
In Nama v Elite CourierCompany Ltd, the Court was faced with a relatively run of the mill case where two parties had diametrically opposed versions of the accident circumstances (on a roundabout) and therefore with whom liability for such accident lay. It is perhaps important to emphasise that the DDJ found that whilst there were inconsistencies in the evidence of...
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Loss of Earnings and the Self-Employed: Some Key Issues - Gordon Exall, Zenith Chambers & Hardwicke Chambers
07/11/15. 
There are now a record number of self-employed people working in the UK and the numbers are increasing. There are 4.6 million people working for themselves, that is 15% of the total workforce. Here I want to look at some of the issues that face the self-employed claimant when claiming loss of earnings. We also look at some of the key cases in relation to “loss of chance” in relation to the self-employed.
PROOF AND EVIDENCE
The first problem that often arises in a claim for loss of earnings is the absence of clear evidence. There are no wage slips and it is not uncommon for the self-employed claimant not to know precisely what their net earnings are. Here a claimant lawyer has to be tough and robust (because sooner or later a defendant lawyer will be). Damages are awarded on the basis of evidence and not speculation...
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LM (A Child and Protected Party by his Father and Litigation Friend SM) v Central Manchester University Hospitals NHS Foundation Trust [2015] EWHC 2279 (QB) - Richard Baker, 7BR
27/10/15. In the Queen’s Bench Division before Mrs Justice Cox. The Claimant, a man now aged almost 19-years, alleged that he suffered severe brain damage because of breach of duty at the time of his delivery and birth. Liability issues were compromised in 2013 and judgment entered on the 24th June 2013 for damages to be assessed at 50% of the full value of the claim.
The Claimant suffered a challenging combination of disabilities with bilateral tetraparetic cerebral palsy co-existing with severe cognitive, social and communication impairments and profound autism. The Claimant’s parent’s separated when he was a young boy and he was cared for by his father for a number of years before he went to live with his mother and her new partner. He lived with his mother and step-father at the time of trial, who were assisted by carers and a case manager
Although a number of issues were agreed before trial There remained significant disputes between the parties, particularly concerning the Claimant’s future care and case management as well as his future needs in relation to occupational therapy, equipment, transport and accommodation. The nature and extent of the claimant’s difficulties and manageability, both current and future, was at the core of these disputes...
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Scottish Costs Reforms: Fundamental Changes in Costs of Scottish Litigation (Update From North of the Border) - David Stihler, Brodies LLP
23/10/15. One of the recommendations in Lord Gill’s review of the Scottish Civil Courts, as commented upon in the last update from North of the Border, was for a review of the costs of litigation in Scotland to be undertaken. Sheriff Principal Taylor completed that review, producing a report making 85 recommendations concerning costs management in the Scottish Jurisdiction.
Inevitably there are comparisons with the Jackson reforms although Sheriff Principal Taylor has highlighted that there is a different culture of litigation in Scotland where there are, proportionately, far fewer injury claims than in England. On that basis he has adopted a somewhat different approach.
Following the Taylor review, Scottish Ministers are currently consulting on plans to create “a more accessible, affordable and equitable civil justice system for Scotland”. They are developing proposals aimed at increasing access to justice by: making the costs of court actions more predictable; increasing the funding options for claimants in civil actions; and introducing a greater level of equality to the funding relationship between claimants and defenders in personal injury actions.
It is anticipated that key changes in the funding of civil litigation in Scotland will include...
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Summary of Recent Cases, October 2015
21/10/15. 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 select "Free Newsletter" from the menu at the top of this page and fill in your email address..
Summary of Recent Cases - Substantive Law
David Lee Barrett v Sandwell & West Birmingham Hospitals NHS Trust [2015] EWHC 2627 (QB)
A claim for personal injuries for loss of eyesight suffered as a result of alleged clinical negligence of hospital staff failed. The Court found that it was reasonable for a consultant ophthalmic surgeon to treat C's intraocular pressure medically rather than operating. C, who suffered from diabetes-related eye disease, had also failed to show that the delay in operating on his left eye had contributed to the...
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More Articles...
- One Judge Can Summarily Assess The Costs Of Another Judge’s Costs Order - Nick McDonnell, Just Costs Solicitors
- The Abolition of Civil Liability in Employer's Liability Claims: An Early Indication of the Courts' Approach? - Jack Harding, 1 Chancery Lane
- Is it Time for Medical Ethics Experts in Lack of Consent Cases? - Daniel Sokol, 12 King's Bench Walk
- The Scope of Negligence Liability of Those Suffering From Mental Illness - Richard Spearman QC, 39 Essex Chambers & Stuart Nicol
![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)
