PI Brief Update

901. Legal Mind Case and Commentary No 13: Reliability of Evidence - Dr Hugh Koch, Dr Tabatha Kon & Dr Tracey Jackson, Hugh Koch Associates: (News Category 4); Three cases are summarised below, all of which illustrate the difficulty in obtaining reliable evidence. Case 1: Painting v. University of Oxford (Longmore L.J., Maurice Kay L.J.) February ...; Created on 20 March 2017
902. The Eagle Has Landed! Coffee, Croissants and Counter Schedules - Simon Readhead QC, 1 Chancery Lane: (News Category 3); ... at work. On average we spend more per year on coffees, teas, sweets and treats at work (£130.68) than we do on nights out with colleagues (£102.24). These sums do not include travel - or lunch! In ...; Created on 19 March 2017
903. Football and Historic Sexual Abuse: The Approach to Quantum - Francesca O'Niell, 1 Chancery Lane: (News Category 3); ... has been considered more appropriate. Additionally, this lost opportunity approach (lost chance) is proving increasingly important in the quantification of damages for personal injury and, in particular, ...; Created on 18 March 2017
904. PI Practitioner, March 2017: (News Category 2); ... this way is... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 March 2017
905. Late Acceptance of Part 36 Offers: Do Fixed Costs Apply? - Tom Collins, 1 Chancery Lane: (News Category 2); ... Court has a discretion under rule 45.29J to award more than fixed costs where there are ‘exceptional circumstances making it appropriate to do so’. But the critical point about applications either under ...; Created on 15 March 2017
906. Summary of Recent Cases, March 2017: (News Category 3); ... m under the Vaccine Damage Payments Act 1979 was refused on the basis that... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 March 2017
907. Mckenzie Friends: Improving Access to Justice in Clinical Negligence 2017 - Dr Mark Burgin: (Burgin); ... (8) Increasing digitalisation of the court process is likely to make it more straight forward for McKenzie friends to help improve access to justice in clinical negligence. Rowe (9) raises concern ...; Created on 07 March 2017
908. Long Awaited Move Towards Fixed Costs in Clinical Negligence Claims Suggests New Ways of Reducing Costs in Other Types of Lower Value Claims - Simon Denyer, DWF LLP: (News Category 3); ... e claims worth up to £25,000... Image ©iStockphoto.com/i_frontier Read more (PIBULJ subscribers only)... ...; Created on 05 March 2017
909. Courts Demonstrate a Reluctance to Extend the Concept of Vicarious Liability in Two Important Decisions in the High Court and Court of Appeal - Liz Harrison, DWF LLP: (News Category 2); ... more (PIBULJ subscribers only)... ...; Created on 04 March 2017
910. Nice Try - Colin Vickers, DWF LLP: (News Category 3); ... his duty of care in allowing the vehicles to come together, but his evidence was that the contact was so trivial that it could not have caused injury... Image ©iStockphoto.com/payphoto Read more (PIBUL ...; Created on 03 March 2017
911. Compensation for Tree Root Damage: A Different Approach - Gabriel Fay, DWF LLP: (News Category 2); ... and also by a large oak tree situated on the Council’s land. The investigation revealed that the cracks to the house itself were not caused by... Image ©iStockphoto.com/aseev Read more (PIBULJ ...; Created on 02 March 2017
912. Thoughts on the Discount Rate Review - Nicola Bickham, Veale Wasbrough Vizards: (News Category 2); ... figure is calculated is a long put off review. Those who suffer life changing injuries, through no fault of their own, should for the time being, receive compensation that more accurately reflects th ...; Created on 01 March 2017
913. FREE BOOK CHAPTER: Current Vehicles, Current Law (From 'The Law of Driverless Cars: An Introduction' by Alex Glassbrook): (News Category 3); ... like cruise control and parking assist, which temporarily take control of one or more functions of the vehicle. But the driver must be able to take control of the vehicle while those functions are in use ...; Created on 28 February 2017
914. February 2017 Contents: (Menus); ... laims - Bill Braithwaite QC, Head of Exchange Chambers Of course, one strong view is that you shouldn't litigate at all in major personal injury claims - ADR is so much more flexible, and allows the ...; Created on 23 February 2017
915. Editorial: Statutory Damages for Injuries from Vaccinations - Aidan Ellis, Temple Garden Chambers: (News Category 3); ... available to those injured as a result of a vaccination. Valuable, because reflecting the seriousness of the disablement, the lump sum payment is fixed at £120,000. Moreover, the existence of the statutory ...; Created on 23 February 2017
916. Hutton and others v CICA: Review of the UT’s judicial review jurisdiction and out of time applications in criminal injury compensation claims - Owain Thomas QC, One Crown Office Row: (News Category 3); ... Read more (PIBULJ subscribers only)... ...; Created on 22 February 2017
917. An Update From North of the Border: Scottish Courts Continue to Take an Increasingly Strict Approach - Charlotte Edgar, Brodies LLP: (News Category 2); ... be quite different to the position in England & Wales, where my experience is that extensions are more common. Scottish Court Refuses to Set Aside Default Judgment It is fair to say that Scotland’s ...; Created on 22 February 2017
918. FREE BOOK CHAPTER: Local Authority Services (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson): (News Category 2); ... or illness; as a result they must be unable to achieve two or more specified outcomes; and as a consequence, there is (or is likely to be) a significant impact on their well-being. ...; Created on 21 February 2017
919. Hetherington v The Trustees Thornberry Animal Sanctuary - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors: (News Category 3); ... from the attack and subsequent surgery. H additionally suffered psychological sequelae... Image ©iStockphoto.com/titlezpix Read more (PIBULJ subscribers only)... ...; Created on 20 February 2017
920. Navigating the Minefield: Claims in the Employment Tribunal, County Court and Abuse of Process - Liam Ryan, Ely Place Chambers: (News Category 3); ... ©iStockphoto.com/imagemonkey Read more (PIBULJ subscribers only)... ...; Created on 19 February 2017
921. Emergency Care and Material Contribution in Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust - Katherine Galza, Kingsley: (News Category 3); ... Dr John’s treatment would... Image cc flickr.com/photos/didbygraham/219375981/ Read more (PIBULJ subscribers only)... ...; Created on 17 February 2017
922. PI Practitioner, February 2017: (News Category 2); ... determined that the matter should proceed as a Part 7 claim and gave directions. The Circuit Judge refused to... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 February 2017
923. Wilkinson lives on in Crawley! - Ian Pennock, Park Lane Plowden Chambers: (News Category 3); ... cc flickr.com/photos/tranbc/6977576859/ Read more (PIBULJ subscribers only)... ...; Created on 16 February 2017
924. Summary of Recent Cases, February 2017: (News Category 3); ... In all the circumstances, had she been... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 February 2017
925. Legal Mind Case and Commentary No 12: Expert Evidence: Flawed or Dismissed. Why? - Dr Hugh Koch, Dr Chrissie Robertson & Dr Michelle Potts, Hugh Koch Associates: (News Category 4); ... appearing more claimant oriented, not joint. He had incorrectly interpreted clinical data (on imaging). Overall, his evidence was seen as ‘unsatisfactory’. 2. Liptrot v. Charters (H. H. J. Holman) unreported, ...; Created on 15 February 2017
926. Date of Knowledge and Limitation: Lewin v Glaxo, Case Report - Thomas Crockett, 1 Chancery Lane: (News Category 2); ... when a... Image ©iStockphoto.com/ Read more (PIBULJ subscribers only)... ...; Created on 14 February 2017
927. Harris v Miller - Victoria Brown, Pupil, Outer Temple Chambers: (News Category 3); ... Image cc flickr.com/photos/126064386@N03/19532584304 Read more (PIBULJ subscribers only)... ...; Created on 13 February 2017
928. Wood v TUI - Food poisoning in the Court of Appeal - Jack Harding, 1 Chancery Lane: (News Category 3); ... quality and therefore in breach of the term implied by section 4 of the 1982 Act... Image ©iStockphoto.com/ Read more (PIBULJ subscribers only)... ...; Created on 12 February 2017
929. How Not to Litigate in Catastrophic Personal Injury Claims - Bill Braithwaite QC, Head of Exchange Chambers: (News Category 2); 10/02/17. Of course, one strong view is that you shouldn’t litigate at all in major personal injury claims – ADR is so much more flexible, and allows the parties to control the process. However, some ...; Created on 10 February 2017
930. FREE BOOK CHAPTER: The Pre-Action Protocols (From ‘A Practical Guide to Alternative Dispute Resolution in Personal Injury Claims: Getting the Most Out of ADR Post-Jackson’ by Peter Causton, Nichola Evans, James Arrowsmith): (News Category 3); ... ocol is that proceedings should be the last resort. Nearly every Pre-Action Protocol now says: "The parties should consider whether some form of alternative dispute resolution procedure would be more su ...; Created on 08 February 2017
931. FREE BOOK CHAPTER: Liability of the Player to Spectator and Third Parties (From 'A Practical Guide to Personal Injuries in Sport' by Adam Walker & Patricia Leonard): (News Category 2); ... ck the spectators causing serious injury. It was held once more that in order to make out their claims the claimants had to demonstrate that the participant had shown a “reckless disregard” for their saf ...; Created on 06 February 2017
932. FREE BOOK CHAPTER: The Severity of a Traumatic Brain Injury (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan): (News Category 3); ... of neuro-radiological abnormalities. To fall into the moderate severe category there would usually have to be loss of consciousness of 30 minutes or more and Post traumatic amnesia of more than 24 hours. ...; Created on 03 February 2017
933. How to Measure Function: Disability Analysis Provides the Answer to Over Complicated Reports - Dr Mark Burgin: (Burgin); ... injury reports... Image ©iStockphoto.com/ericsphotography Read more (PIBULJ subscribers only)... ...; Created on 02 February 2017
934. January 2017 Contents: (Menus); ... evidence, law and procedure, albeit that often one or more of those aspects withers on the vine. The legal and procedural aspects of the case should fall outwith this volume, which concentrates on evidentia ...; Created on 30 January 2017
935. Editorial: Constitutional Litigation - Aidan Ellis, Temple Garden Chambers: (News Category 2); ... But if a constitution could be drafted, it would make constitutional law more accessible. Perhaps in that case constitutional litigation would occur more frequently, be met with less hostility and law ...; Created on 30 January 2017
936. Managing Difficult Cases: The Embarrassed Claimant 2016 - Dr Mark Burgin: (Burgin); ... to the negligence and caused the losses alleged... Image ©iStockphoto.com/kati1313 Read more (PIBULJ subscribers only)... ...; Created on 22 January 2017
937. Jones v Kaney in Contract Law 2016 - Dr Mark Burgin: (Burgin); ... Read more (PIBULJ subscribers only)... ...; Created on 21 January 2017
938. Not a Penny More: (BabyBarista); ... Cutting to the chase. The very maximum we’ll go up to is £120,000 and not a penny more. No games remember so that’s the absolute tops. Not a single penny more. Understood? ...; Created on 20 January 2017
939. Court Confirms Part 36 Offers Reject Earlier Common Law Offers (but watch this space for the appeal) - Sarah Holland, Loney Stewart Holland LLP: (News Category 3); ... was asked to determine whether there had been a settlement... Image ©iStockphoto.com/catenarymedia Read more (PIBULJ subscribers only)... ...; Created on 20 January 2017
940. Treat the Man Not the Scan - Angelina M Rigby, Geldards: (News Category 3); ... Read more (PIBULJ subscribers only)... ...; Created on 20 January 2017
941. X v Kuoni Travel Limited [2016] EWHC 3090 (QB): Tour Operator Liability for Rape by Hotel Employee - William Audland QC, 12 King's Bench Walk: (News Category 3); ... The Issues in the Case Image ©iStockphoto.com/cb34inc Read more (PIBULJ subscribers only)... ...; Created on 19 January 2017
942. Vicarious Liability: The Close Connection Test is Alive and Well - Jonathan Dale, 18 St John Street Chambers: (News Category 2); ... occurred and the Claimant suffered injuries including a ruptured anterior cruciate ligament... Image ©iStockphoto.com/ Read more (PIBULJ subscribers only)... ...; Created on 18 January 2017
943. PI Practitioner, January 2017: (News Category 2); ... y found that the claims were fraudulent. The Court of Appeal stated that a party has a prima facie right to... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 January 2017
944. Summary of Recent Cases, January 2017: (News Category 3); ... e ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 January 2017
945. Moving on, After Waiting for Godot - Jon Lang & Denise O'Connor, Independent Mediators: (News Category 2); ... involving more than three defendants are by no means unheard of, in disputes involving a claim alleging professional negligence as against a law firm. No matter how well the legal advisers have sought ...; Created on 14 January 2017
946. Adjudication: Will It Ever Be Flavour of the Month? - John Bennett and Will Graham, DWF LLP: (News Category 3); ... with obvious potential for costs savings, not found favour? Is the scheme flawed, or has it suffered from a lack of publicity?... Image ©iStockphoto.com/bagi1998 Read more (PIBULJ subscribers only)... ...; Created on 12 January 2017
947. Challenge by The Criminal Injuries Compensation Authority to a First Tier Tribunal Decision to Re-Open a Case Closed by the CICB In 1997 - E A Gumbel QC - 1 Crown Office Row: (News Category 3); ... 1997 at an oral hearing and to prove to the requisite standard that he did cooperate with the police in bringing the assailant to justice.”... Image ©iStockphoto.com/serggn Read more (PIBULJ subscribers ...; Created on 11 January 2017
948. FREE BOOK CHAPTER: Why Get an Expert? (From 'On Experts: CPR35 for Lawyers and Experts' by David Boyle): (News Category 2); 10/01/17. Court cases normally involve the interaction of evidence, law and procedure, albeit that often one or more of those aspects withers on the vine. The legal and procedural aspects of the case ...; Created on 10 January 2017
949. Fixed Costs Post-Portal Exit (aka ‘Prexit’) - Sarah Robson, Alpha Court Chambers: (News Category 2); ... of Appeal in Bird did not seem to regard the intention to give an increasing amount of costs as more work was done, yet was perfectly happy to look to the intention of the same rules in Qader that fixed ...; Created on 09 January 2017
950. Jackson in Action: Case Law - Marcus Davies, DWF LLP: (News Category 2); ... and Denton: Exchange of statements/failure to serve witness evidence in time... Image cc flickr.com/photos/wwarby/4860335535 Read more (PIBULJ subscribers only)... ...; Created on 08 January 2017
951. TheBusker: (BabyBarista); ... of something.” The more stressed TheCreep became, the more laid back was TheBusker. He had no notes and came across very much as if he’d only just read the papers on the train there (well, I saw ...; Created on 06 January 2017
952. Range of Opinion in PI Prognosis 2016 - Dr Mark Burgin: (Burgin); ... an expert follows as the material facts of the case. Many experts have more complex approaches particularly in relation to susceptibility (2) but for clarity I will simplify their theoretical arguments ...; Created on 06 January 2017
953. Review Announced of Discount Rate for PI Damages - Ian Miller, 1 Chancery Lane: (News Category 3); ... . Moreover, as has become clear from the consultation exercise (including responses by expert financial analysts to questions which I posed them), the real rate of return on investments of any charact ...; Created on 24 December 2016
954. December 2016 Contents: (Menus); ... hire reflect a fundamental dispute between the insurance and credit hire industries. Insurers have long complained that credit hire rates cost substantially more than the equivalent market rates. But th ...; Created on 23 December 2016
955. Bird v Acorn Group Ltd [2016] EWCA Civ 1096: Recent Decision Offers Clarity On A 'Short But Important Point' - Andrew Cullen, Barrister: (News Category 2); ... Image ©iStockphoto.com/sellingoutstieglitz Read more (PIBULJ subscribers only)... ...; Created on 23 December 2016
956. Editorial: Looking Ahead to 2017 - Aidan Ellis, Temple Garden Chambers: (News Category 3); 22/12/16. As 2016 draws to a close, it feels more difficult than ever to make predictions for the year ahead. Politically, a period of uncertainty beckons. Although we know that Brexit negotiations ...; Created on 22 December 2016
957. FREE BOOK CHAPTER: Personal Injury Trusts: Overview and Preliminary Considerations (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson): (News Category 3); ... At the same time, following the coming into force of the Finance Act 2006, the merits of personal injury trusts as a device to deal with the tax implications of an award have become more apparent. It ...; Created on 21 December 2016
958. FREE BOOK CHAPTER: Understanding the Brain (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan): (News Category 2); ... and structure to a claimant’s life. The human brain is a complex structure with around 100 billion neurons. There are more neurons in the human brain than there are stars that have been observed in the ...; Created on 21 December 2016
959. Supreme Court Clarifies Applicable Law for Accidents Abroad Involving Uninsured Drivers - Sara-Jane Eaton, DWF LLP: (News Category 2); 19/12/16. Unfortunately, road traffic accidents whilst abroad on holiday or on business are an all too common occurrence. Even more problematic are claims caused by untraced or uninsured drivers. In ...; Created on 19 December 2016
960. Supreme Court Clarifies Applicable Law for Accidents Abroad Involving Uninsured Drivers - Sara-Jane Eaton, DWF LLP: (PIBULJ); 19/12/16. Unfortunately, road traffic accidents whilst abroad on holiday or on business are an all too common occurrence. Even more problematic are claims caused by untraced or uninsured drivers. In ...; Created on 19 December 2016
961. PI Practitioner, December 2016: (News Category 2); ... n expressed at County Court level... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 December 2016
962. FREE BOOK CHAPTER: What is ADR? (From ‘A Practical Guide to Alternative Dispute Resolution in Personal Injury Claims: Getting the Most Out of ADR Post-Jackson’ by Peter Causton, Nichola Evans, James Arrowsmith): (News Category 3); ... s are obvious: there are two (and perhaps more) adversaries, there is generally a formal process for the exchange of pleadings, disclosure of documents, service of witness reports and expert reports, albe ...; Created on 15 December 2016
963. Summary of Recent Cases, December 2016: (News Category 3); ... within the cathedral precincts... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 December 2016
964. The Many-Headed Hydra of Fraud - Catherine Burt & Kate Abrahams, DAC Beachcroft: (News Category 3); ... hints at claims farming, according to David Williams, Partner at DAC Beachcroft. Data Data and intelligence are powerful tools in the fight against fraud, and they will become even more so ...; Created on 14 December 2016
965. The Fall of Clinical Negligence - Dr Mark Burgin: (Burgin); ... the humble generalist and their use of the biopsychosocial model. It has proved more difficult to determine how to measure the effectiveness of individual consultations and which parts of the biopsychosocial ...; Created on 13 December 2016
966. Qader v Esure: A Practical Guide to the Application of Fixed Costs and Associated Arguments - Matthew Hoe, Taylor Rose TTKW: (News Category 2); ... Value of damages: Settlement Stage: £25,000 or less More than £25,000 Before Part 7 issued Fixed costs Assessed costs After Part 7 issued, ...; Created on 12 December 2016
967. Re-opening an RTA settlement: Case Overview - Emma Melia, Spencers Solicitors: (News Category 2); ... up a relationship of trust and confidence with the insurer’s employee/agent whom allegedly... Image ©iStockphoto.com/Mark-W-R Read more (PIBULJ subscribers only)... ...; Created on 11 December 2016
968. Ouch: (BabyBarista); ... you’re on as charming form as ever UpTights. Now, who could that be?” “Well take a wild guess. He’s even older than you, fancies himself even more than you but unlike you, his dearly beloved ...; Created on 09 December 2016
969. The Portal, Fixed Costs and Claims on the Multi-Track - Andrew Spencer, 1 Chancery Lane: (News Category 2); ... By no means does this resolve all of the questions arising from the fixed cost regime. What of cases that settle for more than £25,000, before a claim is issued? The Court of Appeal invited the Rule ...; Created on 08 December 2016
970. Jackson’s Children: Recoverability of Success Fees in Child Claimant Cases - Jake Rowley, Farrar’s Building: (News Category 3); ... importance for anyone acting on behalf of a child claimant and who had... Image ©iStockphoto.com/DNY59 Read more (PIBULJ subscribers only)... ...; Created on 07 December 2016
971. Unsticking the Stuck Clinical Negligence Case - Dr Mark Burgin: (Burgin); ... Read more (PIBULJ subscribers only)... ...; Created on 06 December 2016
972. There Are More Ways than One to Skin a Cat - Chris Booth Forbes Solicitors: (News Category 2); ... ©iStockphoto.com/firebrandphotography Read more (PIBULJ subscribers only)... ...; Created on 05 December 2016
973. CheapSkate: (BabyBarista); ... a fair amount of paid work and no-one wants to upset the apple cart (or perhaps gravy train might be more accurate). Anyway, today it was my turn, “Good morning BabyBarista. You couldn’t ...; Created on 02 December 2016
974. FREE BOOK SAMPLE: Rates (From 'Ellis and Kevan on Credit Hire - 5th Edition' by Aidan Ellis & Tim Kevan): (News Category 2); ... complained that credit hire rates cost substantially more than the equivalent market rates. But the method of determining the ‘equivalent’ market rate has always been controversial. Moreover, credit hire ...; Created on 01 December 2016
975. November 2016 Contents: (Menus); ... more parties wish to submit expert evidence on a particular issue, that evidence should be given by a single joint expert. The court can decide who that expert should be, or how the identity of that exper ...; Created on 28 November 2016
976. Like a Bride’s Nightie: (BabyBarista); UpTights and OldSmoothie were against each other one more time today. As always, UpTights couldn’t help reacting to OldSmoothie’s jibes and was constantly interrupting him. Eventually OldSmoothie ...; Created on 25 November 2016
977. PI Claims for Clients Who Receive Benefits - Philippa Barton, Hodge Jones & Allen: (News Category 3); ... benefit at all. If they hold more than £6,000 they would receive a reduced level of benefit. Any income they receive in addition to benefits is taken into account when calculating entitlement and usually ...; Created on 24 November 2016
978. McShane is Such a Shame! - Paul Stanton: (News Category 3); ... ency relationship such as this... Image ©iStockphoto.com/liveostockimages Read more (PIBULJ subscribers only)... ...; Created on 24 November 2016
979. E v Moorwood Equine - Sarah Wright & Emma Melia, Spencers Solicitors: (News Category 2); ... a horse to ride that she had never ridden before, and it was a horse was known for being temperamental and forward going. The horse was usually ridden by more experienced riders. E was asked to ride towards ...; Created on 24 November 2016
980. Quantification of Damages in High Value Cases: A Scottish Strategy - Charlotte Edgar, Brodies LLP: (News Category 3); ... by setting out what sort of evidence should be led to assist the court in making a decision... Image ©iStockphoto.com/nikkormat42 Read more (PIBULJ subscribers only)... ...; Created on 23 November 2016
981. Editorial: Consultation on Soft Tissue Injuries in RTAs - Aidan Ellis, Temple Garden Chambers: (News Category 3); ... draconian than it might have been; there appears to be no suggestion that injuries lasting more than nine months could be caught. Second, the consultation suggests either removing compensation altogether ...; Created on 22 November 2016
982. How Brexit Could Affect Personal Injury Claims - Nikolai Llewellyn, Hugh James: (News Category 2); ... place additional measures to make the requirements even more stringent, they cannot allow the standards in their countries to fall below the minimum set by the EU. This therefore provided all EU citizens ...; Created on 21 November 2016
983. Legal Mind Case and Commentary No 11: Material Contribution: Little or Large? - Dr Hugh Koch & Dr Chrissie Robertson, Hugh Koch Associates: (News Category 4); ... causal factors in personal injury cases is perhaps more representative of how things work in practice. Material contribution is difficult to define however – how substantial does a contributing factor ...; Created on 19 November 2016
984. PI Practitioner, November 2016: (News Category 2); ... Knauer v Ministry of Justice [2016] UKSC 9. The multiplier in fatal accident cases is now calculated at the date of trial... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 November 2016
985. FREE BOOK CHAPTER: Single Joint Experts (From 'On Experts: CPR35 for Lawyers and Experts' by David Boyle): (News Category 2); 16/11/16. CPR35.7 allows the court to direct that if two or more parties wish to submit expert evidence on a particular issue, that evidence should be given by a single joint expert. The court can decide ...; Created on 16 November 2016
986. FREE BOOK CHAPTER: Costs & Funding (From 'A Practical Approach to Clinical Negligence Post-Jackson' by Geoffrey Simpson-Scott): (News Category 3); ... cases are proportionately more complicated than many other types of civil litigation of comparable value, the costs tend to be higher. This is an attractive lure for claimant firms but not necessarily ...; Created on 16 November 2016
987. FREE BOOK CHAPTER: Liability of the Player to Other Players (From 'A Practical Guide to Personal Injuries in Sport' by Adam Walker & Patricia Leonard): (News Category 3); ... loss and damage associated with a career-ending injury attributable to the carelessness of fellow participants. That is clearly one reason why the injured player may now, more than ever before, be more ...; Created on 16 November 2016
988. Summary of Recent Cases, November 2016: (News Category 3); ... Read more (PIBULJ subscribers only)... ...; Created on 15 November 2016
989. Court of Appeal Judgment in Bird v Acorn Group - Matthew Hoe, Taylor Rose TTKW: (News Category 3); ... of the opportunity to make an offer, or more generally, the defendant should consider whether there is an argument under CPR 45.24 that the claim should not have left the Protocol and that consequentially ...; Created on 15 November 2016
990. An Important Judgment for Local Authorities, Other Occupiers and Their Insurers - Perry Hill & Fiona James, DWF LLP: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 14 November 2016
991. Finding Other People’s Hands in Your Pockets: Fox & Ors. v McLoughlin & LV= - James Pinder, DWF LLP: (News Category 2); ... been made pre-litigation. Intel searches revealed that the claimants had been involved in... Image ©iStockphoto.com/bedo Read more (PIBULJ subscribers only)... ...; Created on 08 November 2016
992. 'A Practical Guide to Marketing for Lawyers' by Catherine Bailey & Jennet Ingram: (PI); Paperback ISBN: 978-1-911035-17-6 Publication due: March 2017 Price: TBA Now, more than ever before, law firms have to use marketing to compete for work. The rise of alternate business ...; Created on 08 November 2016
993. Con-text: Hepburn v Jabreen and Royal and Sun Alliance Insurance Plc - Colin Vickers, DWF LLP: (News Category 3); ... which went beyond concerns over the bona fides of the text message evidence... Image: public domain via pixabay.com/en/telephone-mobile-to-call-attainable-586268/ Read more (PIBULJ subscribers only)... ...; Created on 07 November 2016
994. FREE BOOK SAMPLE: Introduction to Enforceability (From 'Ellis and Kevan on Credit Hire, 5th Edition' by Aidan Ellis & Tim Kevan): (News Category 2); ... of Contracts made in a Consumer’s Home or Workplace Regulations 2008 (“the Cancellation Regulations”) are fading away and the Regulations themselves have been replaced. Moreover, it is rare - though not ...; Created on 05 November 2016
995. CaughtRoom: (BabyBarista); ... as the “Bored Room” for obvious reasons. Then a little more surreally, there’s that great legal highway, Gray’s Inn Road surrounded by barristers’ chambers and solicitors’ firms. For some reason ...; Created on 04 November 2016
996. Kill the Conversation, Not an Innocent Person - Laura Reaney, Spencers Solicitors: (News Category 3); ... mobile phone whilst behind the wheel. Over the years, this practice has increased dramatically, probably due to the fact we now use our mobile phones much more than we ever used to, in particular for the ...; Created on 04 November 2016
997. Enforcement of a Foreign Judgment: High Court Upholds Public Policy Defence - Helen Coates, DWF: (News Category 3); ... were held jointly and severally liable to pay damages in excess of €3.3m... Image ©iStockphoto.com/okanmetin Read more (PIBULJ subscribers only)... ...; Created on 03 November 2016
998. Calculating Loss of a Chance in Delayed Cancer Diagnosis - Dr Mark Burgin: (Burgin); ... disability and symptoms described. There is a different approach that uses... Image cc flickr.com/photos/pagedooley/5283257753 Read more (PIBULJ subscribers only)... ...; Created on 01 November 2016
999. Qualified One Way Costs Shifting and CPR 36 - Matthew Rose, Clarion Solicitors: (News Category 3); ... and the under resourced litigant’, and furthermore expressed concern over the level of public expenditure on litigation. This resulted in a shift to a publically funded justice system, to a system in which ...; Created on 31 October 2016
1000. FootInMouthDisease: (BabyBarista); ... a sneaky break. “Er, yes. Well, that’s one way of putting it,” replied one of the waitresses. Maybe it was the champagne or maybe it was simply because he was so dreadful but I ploughed on with more: ...; Created on 27 October 2016

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A PRACTICAL GUIDE TO CATASTROPHIC BRAIN INJURY CLAIMS
This concise guide by barrister Pankaj Madan provides practical advice and reminders to those lawyers dealing with catastrophic brain injuries. It will help those bringing and defending such claims. A reminder and easy references of the principal points for those who are more experienced, a pathfinder for those who are perhaps just setting out in this area of personal injury perhaps with their first case, finding their way being led in a team.
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Credit Hire Articles

We have now published more than 50 specialist credit hire articles. A selection are shown below, or see the complete list here. Subscribers can also access, for free, the latest edition of Kevan & Ellis on Credit Hire.

The absence of a valid MOT certificate may defeat a claim for credit hire due to lack of causation, even if it does not defeat the entire claim - Nancy Kelehar, Temple Garden Chambers

28/09/23. Mr Justice Martin Spencer gave judgment in an appeal by the Claimant against the dismissal of the claim for credit hire charges on the basis that a lack of an MOT certi...

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

29/05/23. Mr Shazad staged a car accident on 25th November 2015. The other driver said at the beginning ‘ I thought the accident was suspicious straight away’ . A court claim ...

Editorial: Pre-Action Disclosure of Financial Documents in Credit Hire Cases - Aidan Ellis, Temple Garden Chambers

30/11/18. As long ago as 2004, in the course of carving out the impecuniosity exception in Lagden v O’Connor, Lord Nicholls expressed the hope that the parties “should be able t...

In Credit Hire circles, what goes around comes around (again…): Irving v Morgan Sindall PLC considered - Jason Prosser, Leeper Prosser Solicitors

30/07/18. In Credit hire arguments go in circles, at least that is the experience of the writer (who has now been engaged in conducting credit hire claims for nearly 15 years), w...

Back to Basics: Should Credit Hire be Stripped? - Gary Herring - Horwich Farrelly Solicitors

11/09/14. In Dimond v Lovell the House of Lords made it all seem so simple. In a case where the claimant sought hire charges in the princely sum of £346.63, it was held that ...

Out of ‘Control’? Credit Hire and CPR Part 31 - Gary Herring, Horwich Farrelly Solicitors

10/04/14. Disputes relating to disclosure remain an enduring feature of credit hire litigation and, largely to the understandable annoyance of the judiciary, are the source of mu...

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