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Emerging Issues in Holiday Sickness Claims - James Beeton, 12 King’s Bench Walk

Emerging Issues in Holiday Sickness Claims - James Beeton, 12 King’s Bench Walk

12/08/17. It is now 7 months since the Court of Appeal’s decision in Wood and Anor v TUI Travel Plc (t/a First Choice) [2017] EWCA Civ 11 (consid...

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 fo...

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 sma...

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...

Is the Criminal Injuries Compensation Scheme Fit for Purpose? - Caroline Kelly, Thorntons Law LLP

Is the Criminal Injuries Compensation Scheme Fit for Purpose? - Caroline Kelly, Thorntons Law LLP

14/09/17. I wrote earlier this year in the Journal of the Law Society Of Scotland about the sad case of Criminal Injuries Compensation Authority v First Tier Tribunal (Social Ent...

Editorial: Filing by Email or Fax - Aidan Ellis, Temple Garden Chambers

Editorial: Filing by Email or Fax - Aidan Ellis, Temple Garden Chambers

24/08/17. Upon emailing draft directions to a County Court recently (as requested by the Judge), I received a standard acknowledgement email which reminded me (in bold red and bl...

Stressful Times: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk

Stressful Times: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk

17/07/17. Following a 15 day trial before Thirlwall LJ (as she now is; she was promoted to the Court of Appeal during the course of the litigation) the Ministry of Justice was fo...

Review of the Latest Proposals for Fixed Costs in Clinical Negligence - Geoffrey Simpson-Scott, Simpson Millar LLP

Review of the Latest Proposals for Fixed Costs in Clinical Negligence - Geoffrey Simpson-Scott, Simpson Millar LLP

17/08/17. At p117 of his Supplemental Report on Fixed Recoverable Costs (31st July 2017), Sir Rupert Jackson recommends that fixed recoverable costs cannot simply be imposed...

Summary of Recent Cases, August 2017

Summary of Recent Cases, August 2017

15/08/17. 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...

Hospital Misdiagnosis of Foot and Ankle Fractures - Sylvia Taylor, Tilly Bailey & Irvine

Hospital Misdiagnosis of Foot and Ankle Fractures - Sylvia Taylor, Tilly Bailey & Irvine

14/08/17. Foot and ankle injuries are a common place reason for attending the Accident and Emergency Department or Minor Injuries Unit. However, not everyone with an ankle and fo...

J C and A Solicitors Ltd v Andeen Iqbal & Another [2017] EWCA Civ 355 - Jim Knight, Harmans

J C and A Solicitors Ltd v Andeen Iqbal & Another [2017] EWCA Civ 355 - Jim Knight, Harmans

11/08/17. The Court of Appeal unanimously agreed that no obligation to repay Stage 1 fixed costs (£400 + VAT) is imposed by the RTA Protocol or by the CPR upon Protocol Claimants...

If Only I Had Known I Would Have… Consent to Medical Treatment and the Problem of Hindsight - Paul Sankey, Enable Law

If Only I Had Known I Would Have… Consent to Medical Treatment and the Problem of Hindsight - Paul Sankey, Enable Law

09/08/17. A recent decision (Lucy Diamond v Royal Devon & Exeter NHS Foundation Trust [2017] EWHC 1495 (QB)) is another example of how the law has changed following Mont...

Editorial: Striking out, Costs and QOWCS - Aidan Ellis, Temple Garden Chambers

Editorial: Striking out, Costs and QOWCS - Aidan Ellis, Temple Garden Chambers

27/07/17. Unusually, by the end of this week I will have had the pleasure of appearing in four strike out applications in a row. Many strike out applications now arise from subst...

Case Note: Battram v Dr Geoghegan - Carol Maunder, Dutton Gregory LLP

Case Note: Battram v Dr Geoghegan - Carol Maunder, Dutton Gregory LLP

24/07/17. Type of Injury: Damage to kidney function
Court title: Battram v Dr Geoghegan
Damages for pain, suffering and loss of amenity: £25,000
Total damages agreed: £41,000
Sex: Ma...

Covert Surveillance and Social Media: From Big Brother to Love Island - Robert Hunter, Devereux Chambers

Covert Surveillance and Social Media: From Big Brother to Love Island - Robert Hunter, Devereux Chambers

21/07/17. Rather like reality television, covert surveillance feels as though it has been around for a long time.

Although several of the leading cases were decided in the early n...

Experimental Medicine and Pioneering Patients - David Locke, Hill Dickinson LLP

Experimental Medicine and Pioneering Patients - David Locke, Hill Dickinson LLP

19/07/17. There are undoubtedly terminally ill patients who wish to pursue non-standard treatments in the hope of finding an unexpected cure, and there are even patients who wish...

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...

Summary of Recent Cases, July 2017

Summary of Recent Cases, July 2017

15/07/17. 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...

QOCS in Scotland Proposals Move Forward - Mike Kemp, Thorntons Law

QOCS in Scotland Proposals Move Forward - Mike Kemp, Thorntons Law

13/07/17. On 28 June 2017 I, along with other Thorntons Law colleagues, attended at the group APIL Scotland meeting to discuss the details of the Civil Litigation (Expenses and G...

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...

The Scope of Fixed Costs - Andrew Roy, 12 King's Bench Walk

The Scope of Fixed Costs - Andrew Roy, 12 King's Bench Walk

09/07/17. Prescott v Trustees of the Pencarrow 2012 Maintenance Fund, Plymouth CC, District Judge Richards, 12 June 2017.

Introduction

  1. This decision provides important clarificatio...

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 ...

Who Is to Blame When Private Surgery Goes Wrong? - Laura Williamson, Enable Law

Who Is to Blame When Private Surgery Goes Wrong? - Laura Williamson, Enable Law

06/07/17. We are all familiar with the NHS being sued when a doctor makes a mistake. The system is not perfect, but if a doctor has been negligent, the NHS, as an entity, is liab...

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...

Misuse of Forceps Caused Severe Disability: Serious Criticisms of the Defence Run - Paul Sankey, Enable Law

Misuse of Forceps Caused Severe Disability: Serious Criticisms of the Defence Run - Paul Sankey, Enable Law

18/09/17. In a recent birth injury case (JRM v Kings College Hospital Foundation Trust [2017] EWHC 1913 (QB)) arising from the misuse of forceps, the claimant established liabili...

Review of Civil Litigation Costs: Supplementary Report Fixed Recoverable Costs - Liam Ryan, 7 Bedford Row

Review of Civil Litigation Costs: Supplementary Report Fixed Recoverable Costs - Liam Ryan, 7 Bedford Row

01/09/17. Following on from his overhaul of Civil Litigation in April 2013, Jackson LJ has returned, to in his own word “ finish the job ” when dealing with the costing of Civil Liti...

PI Practitioner, August 2017

PI Practitioner, August 2017

16/08/17. 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...

A Novel Duty of Care by Geneticists to Provide Information: ABC v St. George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336 - Lawrence Caun, Lamb Chambers

A Novel Duty of Care by Geneticists to Provide Information: ABC v St. George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336 - Lawrence Caun, Lamb Chambers

15/08/17. The Court of Appeal in this case realized that it might be creating a novel duty of care in deciding that it is arguable that geneticists could be liable for a failure ...

Personal Injury Claims Involving Insolvent Defendants: Selecting the Correct Statutory Scheme - Andrew Burns QC & Jonathan Butters, Devereux Chambers

Personal Injury Claims Involving Insolvent Defendants: Selecting the Correct Statutory Scheme - Andrew Burns QC & Jonathan Butters, Devereux Chambers

13/08/17. Redman v Zurich Insurance plc [2017] EWHC 1919 (QB) analyses the circumstances in which a claim for personal injuries where an insured defendant is insolvent should be ...

Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 - Jamie Carpenter, Hailsham Chambers

Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 - Jamie Carpenter, Hailsham Chambers

10/08/17. In the 1960s Ms Catalano had been employed as cone winder in a textile factory. In 2012, she decided that she wanted to bring a claim against her former employer for de...

Rights Without Recourse? - Richard Paige, Park Square Barristers

Rights Without Recourse? - Richard Paige, Park Square Barristers

08/08/17. In the case of Shaw v Kovac & others [2017] EWCA Civ 1028 the Court of Appeal considered the question of whether a claimant could recover damages for “infringement of...

Part 36 & Late Acceptance: When Is It Unjust to Apply the Usual Order? - Fran McDonald, Old Square Chambers

Part 36 & Late Acceptance: When Is It Unjust to Apply the Usual Order? - Fran McDonald, Old Square Chambers

07/08/17. The case summary of Briggs v CEF Holdings Ltd (Court of Appeal, 13/7/17) was published on Lawtel this morning. Although it is important to bear in mind the lack of a full...

What Is a Diffuse Axonal Brain Injury And Why Is It Important to Get Early Rehabilitation - Alix Walker, Burnetts Solicitors

What Is a Diffuse Axonal Brain Injury And Why Is It Important to Get Early Rehabilitation - Alix Walker, Burnetts Solicitors

05/08/17. The brain is a relatively small part of the human body, measuring the size of about two adult fists together and weighing only 3lbs. Made up of around 75% water it cons...

Night Workers and Negligence: Do Nightshifts Cause Disease and When Are Employers Liable? - Gus Baker, Outer Temple Chambers & David Green, 12 King's Bench Walk

Night Workers and Negligence: Do Nightshifts Cause Disease and When Are Employers Liable? - Gus Baker, Outer Temple Chambers & David Green, 12 King's Bench Walk

26/07/17. There is a growing medical consensus that night-shift work is bad for your health. The disruption to circadian rhythms caused by working out of normal human waking hour...

FREE BOOK CHAPTER: The No Nonsense Gut (From 'The No Nonsense Solicitors' Practice: A Guide To Running Your Firm' by Bettina Brueggemann)

FREE BOOK CHAPTER: The No Nonsense Gut (From 'The No Nonsense Solicitors' Practice: A Guide To Running Your Firm' by Bettina Brueggemann)

25/07/17. Although I have not planned the chapters in any kind of order of priority (since I believe they are all equally important) I do find myself placing listening to your gu...

Deputyship vs PI Trust: Round 2 ABC v Watt - Ruth Hughes, 5 Stone Buildings

Deputyship vs PI Trust: Round 2 ABC v Watt - Ruth Hughes, 5 Stone Buildings

18/07/17. Where P lacks capacity and has or is likely to have the benefit of a large personal injury award, the question will necessarily arise – how should P’s award be managed,...

PI Practitioner, July 2017

PI Practitioner, July 2017

16/07/17. 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...

Wheelchair v Buggy, Wheelchair Wins (Just) - Gillian Crew, Ely Place Chambers

Wheelchair v Buggy, Wheelchair Wins (Just) - Gillian Crew, Ely Place Chambers

14/07/17. Duty to Make Reasonable Adjustments on a Service Provider.

In the case of FirstGroup Plc v Paulley [2007] UKSC 4 , the Supreme Court held that bus companies must try harde...

Amputations and Advances in Prosthetic Limbs - Alix Walker, Burnetts Solicitors

Amputations and Advances in Prosthetic Limbs - Alix Walker, Burnetts Solicitors

12/07/17. Amputations are not something that people want to think about, but they are a part of everyday life, especially for those innocently involved in accidents at work or ro...

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...

Recoverability of Pre-Accident Records: A New Approach for Scotland? - Catriona Hepburn, Brodies LLP

Recoverability of Pre-Accident Records: A New Approach for Scotland? - Catriona Hepburn, Brodies LLP

06/07/17. The English Position

In England it is a well-established principle that, where a plaintiff is claiming for loss of future earnings based upon personal injury, disclosure...

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 ...