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FREE BOOK CHAPTER: What is Cosmetic Surgery? (From 'A Practical Guide to Cosmetic Surgery Claims' by Dr Victoria Handley)

FREE BOOK CHAPTER: What is Cosmetic Surgery? (From 'A Practical Guide to Cosmetic Surgery Claims' by Dr Victoria Handley)

19/07/17. Cosmetic surgery is where a person chooses to have an operation or invasive medical procedure, to change their physical appearance for cosmetic ra...

FREE BOOK CHAPTER: An Introduction to Housing Disrepair and Cavity Wall Claims (From 'A Practical Guide to Running Housing Disrepair and Cavity Wall Claims' by Andrew Mckie, Ian Skeate, Simon Redfearn)

FREE BOOK CHAPTER: An Introduction to Housing Disrepair and Cavity Wall Claims (From 'A Practical Guide to Running Housing Disrepair and Cavity Wall Claims' by Andrew Mckie, Ian Skeate, Simon Redfearn)

08/06/17. The 23rd February 2017 was a day that will stick in the mind of many Personal Injury Lawyers – the day we found out that the small claims tra...

Fresh Consideration of How Discount Rate Is Set Is a Post-Election Priority - Shirley Denyer, Shirley Denyer LLP & FOIL

Fresh Consideration of How Discount Rate Is Set Is a Post-Election Priority - Shirley Denyer, Shirley Denyer LLP & FOIL

26/05/17. Since the Lord Chancellor announced a change to the discount rate on 27 February, the Government has also triggered Article 50 and announced a gen...

FREE BOOK CHAPTER: An Introduction to Personal Injury Litigation (From 'An Introduction to Personal Injury Law' by David Boyle)

FREE BOOK CHAPTER: An Introduction to Personal Injury Litigation (From 'An Introduction to Personal Injury Law' by David Boyle)

02/05/17. Personal injury law is ubiquitous. Whilst only a tiny fraction of day to day legal practice in this country, it differs markedly from other areas ...

FREE BOOK CHAPTER: The Importance Of Branding in Law (From 'A Practical Guide to Marketing for Lawyers' by Catherine Bailey & Jennet Ingram)

FREE BOOK CHAPTER: The Importance Of Branding in Law (From 'A Practical Guide to Marketing for Lawyers' by Catherine Bailey & Jennet Ingram)

17/07/17. Used to give products and services a unique identity or personality, a brand enables organisations to differentiate themselves from the competition. An additional benef...

Know the Rules! - Jonathan Wheeler, Bolt Burdon Kemp Solicitors

Know the Rules! - Jonathan Wheeler, Bolt Burdon Kemp Solicitors

10/07/17. Jonathan Wheeler comments on the case of Thompson v Reeve and the importance of getting service right.

The headache for the claimant’s lawyers began with the Lord Chance...

Case Report: A v Balin Distribution Ltd - Helen Reynolds, Spencers Solicitors

Case Report: A v Balin Distribution Ltd - Helen Reynolds, Spencers Solicitors

08/07/17. Accident date: 13 August 2013. Settlement date: 04 April 2017. Gross settlement: £80,000.00.

The Claim

The Claimant was working as a HGV driver. He was making a delivery ...

An Interesting Fixed Costs Case - Anna Macey, Kings Chambers

An Interesting Fixed Costs Case - Anna Macey, Kings Chambers

23/06/17. (Prescott -v- THE TRUSTEES OF THE PENCARROW 2012 MAINTENANCE FUND Defendant).

On the 27 October 2015, the claimant Logan Prescott, a minor, was a passenger in a car bein...

FREE BOOK CHAPTER: What Is Pain? (From 'A Practical Guide to Chronic Pain Claims' by Pankaj Madan)

FREE BOOK CHAPTER: What Is Pain? (From 'A Practical Guide to Chronic Pain Claims' by Pankaj Madan)

22/06/17. The International Association for the Study of Pain (IASP) defines pain as “ an unpleasant sensory and emotional experience associated with actual or potential tiss...

RE v Calderdale and Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) - Vanessa Cashman, 12 King's Bench Walk

RE v Calderdale and Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) - Vanessa Cashman, 12 King's Bench Walk

20/06/17. In this case, the infant claimant had suffered a brain injury during her protracted birth in 2011. She was a very large baby and suffered (the claimants argued) a shoul...

Roberts v Johnstone: A New Accommodation - Nigel Spencer Ley, Farrar's Building

Roberts v Johnstone: A New Accommodation - Nigel Spencer Ley, Farrar's Building

19/06/17. If the method for calculating damages for the additional capital cost of new accommodation set out in Roberts v. Johnstone [1989] 1 QB 878 is applied strictly using the...

What Duty Is Owed To Patients By Non-Medical Hospital Staff? - Kay Ditcham, Tilly Bailey & Irvine

What Duty Is Owed To Patients By Non-Medical Hospital Staff? - Kay Ditcham, Tilly Bailey & Irvine

17/06/17. There is no doubt that the NHS is under a great deal of pressure. Accident and Emergency Departments all over the country handle large volumes of injured patients every...

Summary of Recent Cases, June 2017

Summary of Recent Cases, June 2017

15/06/17. 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 sel...

When Diabetic Amputations Are Avoidable: Lessons From the Reported Cases - Paul Sankey, Enable Law

When Diabetic Amputations Are Avoidable: Lessons From the Reported Cases - Paul Sankey, Enable Law

14/06/17. With diabetes increasing, more patients are likely to need amputations. Good preventative care is crucial. Unfortunately medical mistakes sometimes lead to amputations,...

Living Mesothelioma Claim: Damages Assessed in Life, and More to Follow After Death - Dominic Collingwood, DWF LLP

Living Mesothelioma Claim: Damages Assessed in Life, and More to Follow After Death - Dominic Collingwood, DWF LLP

01/06/17. Andreou v S Booth Horrocks & Sons Limited, High Court (QBD), 13 January 2017. The recent decision of Judge Walden-Smith highlights the difficult task faci...

How To Deal With A Hardline Negotiator - Justin Patten, Human Law

How To Deal With A Hardline Negotiator - Justin Patten, Human Law

29/05/17. According to media reports, The EU’s chief negotiator has admitted to a clash with Theresa May during last month's dinner in Downing Street and warned that the size of ...

The Costs Conundrum: Access to Justice but at What Price? - Elizabeth O'Mahony, BL Claims Solicitors

The Costs Conundrum: Access to Justice but at What Price? - Elizabeth O'Mahony, BL Claims Solicitors

23/05/17. As medical negligence Claimant lawyers gradually get accustomed to corresponding with NHS Resolution, leaving the phonetic NHSLA to one side, I found myself wondering ...

Editorial: Further Thoughts on Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers

Editorial: Further Thoughts on Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers

19/05/17. In claims to which qualified one way costs shifting applies (now the vast majority of personal injury claims though some older cases still remain), it is often the issu...

Summary of Recent Cases, May 2017

Summary of Recent Cases, May 2017

15/05/17. 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 sel...

The Optimistic Surgeon and the Unhappy Patient: Lessons from the Courtroom - Paul Sankey, Foot Anstey LLP

The Optimistic Surgeon and the Unhappy Patient: Lessons from the Courtroom - Paul Sankey, Foot Anstey LLP

11/05/17. When an optimistic surgeon met an unhappy patient in court, it was the patient who had the judge's sympathy. The story has lessons for all surgeons. The courts now expe...

Mcgeer v Macintosh: Lethal Weapon 6? - Charles Feeney, Complete Counsel

Mcgeer v Macintosh: Lethal Weapon 6? - Charles Feeney, Complete Counsel

20/04/17. In McGeer v Macintosh (2017 EWCA Civ.79), the Defendant’s appeals both against primary liability and the assessment of contributory negligence risen from a road traffic...

Comment on the Consultation, Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims - Agata Usewicz, Hodge Jones & Allen

Comment on the Consultation, Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims - Agata Usewicz, Hodge Jones & Allen

24/04/17. News that the Department of Health’s long-awaited consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims will close on 2 May this year...

Summary of Recent Cases, April 2017

Summary of Recent Cases, April 2017

15/04/17. 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 sel...

Bolam Under Attack: Muller v Kings College Hospital and Webster v Burton Hospitals - David Sanderson, 12 King's Bench Walk

Bolam Under Attack: Muller v Kings College Hospital and Webster v Burton Hospitals - David Sanderson, 12 King's Bench Walk

13/04/17. Two judgments handed down this month explore the boundaries of the Bolam principle and limit its application. In the first, Kerr J doubted that Bolam was apposite where the...

Hampshire County Council v Wyatt - Karen Moss, 3PB Barristers

Hampshire County Council v Wyatt - Karen Moss, 3PB Barristers

11/07/17. It has long been the case that it is within the jurisdiction of employment tribunals, to award personal injury damages to employees where they can demonstrate that thei...

Case Report: Brown v Mosa - Mary Kay & Sarah Wright, Spencers Solicitors

Case Report: Brown v Mosa - Mary Kay & Sarah Wright, Spencers Solicitors

07/07/17. Accident date: 29 August 2014. Settlement date: 20 December 2016. Gross settlement: £265,717.17.

The Claim

The Claimant, Mr Brown, a 39 year old HGV driver was driving hi...

Editorial: Civil Procedure Wish List - Aidan Ellis, Temple Garden Chambers

Editorial: Civil Procedure Wish List - Aidan Ellis, Temple Garden Chambers

29/06/17. If you could change any of the Civil Procedure Rules, which ones would you amend (or remove altogether)? I’m sure many readers will have their own suggestions for relat...

Caution Required on Ringfencing Property From Care Fees - Justin Patten,

Caution Required on Ringfencing Property From Care Fees - Justin Patten,

27/06/17. The issue of care fees was topical in the general election Irrespective of the future direction of the Conservative minority administration families across the country ...

Nervous Shock Following Birth - Anna Macey, Kings Chambers

Nervous Shock Following Birth - Anna Macey, Kings Chambers

22/06/17. (RE and others v Calderdale and Huddersfield NHS Trust). This case arose out of a claim for clinical negligence following the birth of a baby, RE, who suffered an...

Fundamental Dishonesty: Blind Men and Elephants? - Patrick West, St John's Chambers

Fundamental Dishonesty: Blind Men and Elephants? - Patrick West, St John's Chambers

21/06/17. Me I'm dishonest, and a dishonest man you can always trust to be dishonest. Honestly it's the honest ones you have to watch out for, you never can predict if they're g...

PI Practitioner, June 2017

PI Practitioner, June 2017

16/06/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

Wilkinson Lives on in Crawley! (A Highway Authorities Lack of Resources Is Still Irrelevant to a Section 58 Defence) - Ian Pennock, Park Lane Plowden Chambers

Wilkinson Lives on in Crawley! (A Highway Authorities Lack of Resources Is Still Irrelevant to a Section 58 Defence) - Ian Pennock, Park Lane Plowden Chambers

12/06/17. The recent case of Crawley-v-Barnsley Metropolitan Borough Council [2017] EWCA Civ 36 confirms three main points established in the case of Wilkinson-v-City of York Counci...

Cyclist Death on Tram Tracks: An Accident Waiting to Happen? - Caroline Kelly, Thorntons Law

Cyclist Death on Tram Tracks: An Accident Waiting to Happen? - Caroline Kelly, Thorntons Law

09/06/17. I was saddened to read the news of a 24 year old cyclist being killed in Edinburgh city centre after the wheels of her bike became stuck in the tram tracks, causing her t...

Material Contribution in Cases of Psychiatric Injury - Richard Johnson, Browne Jacobson

Material Contribution in Cases of Psychiatric Injury - Richard Johnson, Browne Jacobson

07/06/17. The difficulty of raising causation arguments when defending claims for psychiatric injury was exemplified by the case of, Diane Jennifer Kennedy v London Ambulance Ser...

Historic Abuse Claims: When Is Late Too Late? - Paul Donnelly & Samantha Chambers, DWF LLP

Historic Abuse Claims: When Is Late Too Late? - Paul Donnelly & Samantha Chambers, DWF LLP

02/06/17. Six reported cases in three months give clear judicial guidance on when the court should/should not disapply the limitation period.

Paul Donnelly and Samantha Chambers a...

The Law of Unintended Consequences (or Determining Applicable Law in Cross-Border Cases) - Kelvin Farmaner, Trethowans LLP & FOIL

The Law of Unintended Consequences (or Determining Applicable Law in Cross-Border Cases) - Kelvin Farmaner, Trethowans LLP & FOIL

30/05/17. The recent decision in Marshall v MIB (1) Pickard (2) Generali (3) 2017 provides a useful example of how the rules governing which laws apply in cross border personal inj...

Contributory Negligence Discount of 96.5% in First Sheriff Court Jury Trial - Catriona Hepburn & John Wilson, Brodies LLP

Contributory Negligence Discount of 96.5% in First Sheriff Court Jury Trial - Catriona Hepburn & John Wilson, Brodies LLP

28/05/17. Scotland’s County Court, the Sheriff Court, has recently seen the reintroduction of jury trials in civil cases. The 2015 legislation creating the specialised All-Scotla...

The Journey Continues - Henrietta Hughes

The Journey Continues - Henrietta Hughes

24/05/17. In Mohamud v William Morrison Supermarkets Plc [2016] AC 677, the Supreme Court declined the opportunity to broaden the test for vicarious liability. Fletcher v Chancery Su...

'Pure Diagnosis' and 'Pure Treatment': A case considering whether the Bolam principle is applicable across the spectrum of Clinical Negligence cases - Penny Fitzpatrick & Marianne Walker, Slater and Gordon

'Pure Diagnosis' and 'Pure Treatment': A case considering whether the Bolam principle is applicable across the spectrum of Clinical Negligence cases - Penny Fitzpatrick & Marianne Walker, Slater and Gordon

22/05/17. In the recent case of Desmond Muller v Kings College Hospital NHS Foundation Trust the key question to be answered was whether the test in Bolam should be applied to a case...

PI Practitioner, May 2017

PI Practitioner, May 2017

16/05/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

FREE BOOK CHAPTER: Historical Background to the Present Legislation (From 'A Practical Guide to Claims Arising from Fatal Accidents' by James Patience)

FREE BOOK CHAPTER: Historical Background to the Present Legislation (From 'A Practical Guide to Claims Arising from Fatal Accidents' by James Patience)

1.1 INTRODUCTION

In this chapter the development of the current statutory framework for damages for wrongful death is examined. The current statutory framework is summarised.

1.2 ...

What Is 'Unreasonable Behaviour' for the Purposes of Small Claims Track Costs? - Thomas Crockett, 1 Chancery Lane

What Is 'Unreasonable Behaviour' for the Purposes of Small Claims Track Costs? - Thomas Crockett, 1 Chancery Lane

01/05/17. If the most recently mooted Government reforms as to the financial limit of the Small Claims Track of the County Court go through, litigants will increasingly find them...

Sanction for Counsel Allowed on Appeal - Cumming v SSE Plc - Catriona Hepburn, Brodies LLP

Sanction for Counsel Allowed on Appeal - Cumming v SSE Plc - Catriona Hepburn, Brodies LLP

27/04/17. In the Sheriff Court (Scotland’s County Court) parties will not automatically recover the cost of counsel and must instead seek approval, or sanction, from the Sheriff....

Editorial: Parenting and Personal Injury - Aidan Ellis, Temple Garden Chambers

Editorial: Parenting and Personal Injury - Aidan Ellis, Temple Garden Chambers

27/04/17. Confronted by bad weather and overly energetic children, I recently gave in and took my family to an indoor soft play centre. Once inside, it transpired that many paren...