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Deal or No Deal? Brexit and Accidents Abroad - Kelvin Farmaner, Trethowans LLP & FOIL

Deal or No Deal? Brexit and Accidents Abroad - Kelvin Farmaner, Trethowans LLP & FOIL

08/02/19. It has been difficult to avoid the daily newsfeed updating us on the progress (or lack of progress) with Brexit neg...

Appeals, Clinical Records and Adverse Inferences - Anna Datta, Parklane Plowden Chambers

Appeals, Clinical Records and Adverse Inferences - Anna Datta, Parklane Plowden Chambers

05/02/19. Anna Datta examines the case of Claire Manzi v King’s College Hospital NHS Foundation Trust [2018] EWCA Civ 1882.

Ba...

The 'scope of duty test' for causation: when 'but for' is just not enough - James Weston, 7BR

The 'scope of duty test' for causation: when 'but for' is just not enough - James Weston, 7BR

29/01/19. On Friday 23 November 2018 the Court of Appeal handed down judgment in Khan v MNX [2018] EWCA Civ 2609 . The decision ...

The ambit of QOCS considered (again): who can recover costs in cases outside the straightforward Claimant v Defendant scenario? - Alice Nash, Hailsham Chambers

The ambit of QOCS considered (again): who can recover costs in cases outside the straightforward Claimant v Defendant scenario? - Alice Nash, Hailsham Chambers

28/01/19. In Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654, decided in July 2018, the Court of Appeal held that...

FREE BOOK CHAPTER from 'An Introduction to Beauty Negligence Claims – A Practical Guide for the Personal Injury Practitioner' by Greg Almond

FREE BOOK CHAPTER from 'An Introduction to Beauty Negligence Claims – A Practical Guide for the Personal Injury Practitioner' by Greg Almond

This book is intended to assist the personal injury practitioner when considering new enquiries and when handling beauty claims – it is an entry level guide and will be especial...

Summary of Recent Cases, March 2019

Summary of Recent Cases, March 2019

15/03/19. 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...

Infant Pedestrians: Can You Blame the Parents? - Edward Cleary, DWF

Infant Pedestrians: Can You Blame the Parents? - Edward Cleary, DWF

14/03/19. Ellis v Kelly & Anor, High Court (QB), 31 July 2018 - The court declined to make a finding of contributory negligence against an 8 year old boy invol...

Guilty Plea for Healthcare Provider’s Breach of Health and Safety Law - Alison McAteer, Brodies

Guilty Plea for Healthcare Provider’s Breach of Health and Safety Law - Alison McAteer, Brodies

08/03/19. The tragic case involving a healthcare company charged with breaching health & safety legislation after the death of a young patient in its care, may have been the ...

£23m settlement for brain injured child: the cost of medical negligence - Ben Gent, Express Solicitors

£23m settlement for brain injured child: the cost of medical negligence - Ben Gent, Express Solicitors

28/02/19.  In December 2018, the High Court approved a £23m compensation settlement for a 10-year-old boy (AC) who suffered brain damage at birth as a result of medical negl...

Summary of Recent Cases, February 2019

Summary of Recent Cases, February 2019

15/02/19. 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...

Summary of Recent Cases, January 2019

Summary of Recent Cases, January 2019

15/01/19. 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...

Time to re-examine tree inspection regimes - Simon Jones & Susan Rands, BLM

Time to re-examine tree inspection regimes - Simon Jones & Susan Rands, BLM

11/01/19. In Witley Parish Council v Cavanagh [2018] EWCA Civ 2232, the claimant was seriously injured when a large mature lime tree fell across the road onto the single decker bus...

Summary of Recent Cases, December 2018

Summary of Recent Cases, December 2018

15/12/18. 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...

Where Paternal Depression Meets Secondary Victim Claims - Chantelle Bacchus, Bolt Burdon Kemp

Where Paternal Depression Meets Secondary Victim Claims - Chantelle Bacchus, Bolt Burdon Kemp

07/12/18. When we talk about post-natal depression, we often think of mothers. This is a fair assumption and 1 in 5 women develop mental health problems during pregnancy or in th...

Note on the Supreme Court Judgment in Darnley - Jeremy Pendlebury, 7BR

Note on the Supreme Court Judgment in Darnley - Jeremy Pendlebury, 7BR

05/12/18. The Supreme Court, per the judgment of Lord Lloyd-Jones (with whom Lady Hale and Lords, Reed, Kerr and Hodge all agreed), allowed the appeal by Michael Darnley from the...

Cauda Equina Syndrome - Sandra De Souza, Anthony Gold Solicitors

Cauda Equina Syndrome - Sandra De Souza, Anthony Gold Solicitors

03/12/18. Cauda Equina Syndrome (CES) is a serious condition which occurs when the nerves in the spinal canal have been damaged. These nerves control the bladder, bowel, genitals...

FREE BOOK CHAPTER from 'A Practical Guide to Vicarious Liability' by Mariel Irvine

FREE BOOK CHAPTER from 'A Practical Guide to Vicarious Liability' by Mariel Irvine

29/11/18. Chapter One - Overview

To search for certainty and precision in vicarious liability is to undertake a quest for a chimaera. Many aspects of the law of torts are inheren...

Fundamental dishonesty in occupational disease claims (part 2) - Paul Debney, Weightmans LLP

Fundamental dishonesty in occupational disease claims (part 2) - Paul Debney, Weightmans LLP

18/11/18. In last month’s edition, Paul Debney examined the early reported decisions of findings of fundamental dishonesty in disease claims, with specific reference to a claiman...

Summary of Recent Cases, November 2018

Summary of Recent Cases, November 2018

15/11/18. 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...

FREE CHAPTER: The History And The Science (from ‘A Practical Guide to Claims Arising from Delays in Diagnosing Cancer’ by Bella Webb)

FREE CHAPTER: The History And The Science (from ‘A Practical Guide to Claims Arising from Delays in Diagnosing Cancer’ by Bella Webb)

14/11/18. Chapter Two - The History and the Science

This chapter will look at the trend towards an increase in delayed cancer diagnosis claims and the rationale and statistics tha...

M v Morton - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

M v Morton - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

05/11/18. Accident date: 4 December 2013

Settlement date: 29 March 2017

Gross settlement: £24,500.00

The Claim

The Claimant, M, was driving her vehicle along the road when the Defend...

Case Summary: CS v Alan Smith, Northampton CCMCC - Emma Melia & Sarah Wright, Spencers Solicitors

Case Summary: CS v Alan Smith, Northampton CCMCC - Emma Melia & Sarah Wright, Spencers Solicitors

01/11/18. Case Name: CS v Alan Smith

Court Name: Northampton CCMCC

Accident Date: 5th June 2014

Settlement Date: 29th January 2018

TOTAL GROSS SETTLEMENT £250,000.0

TOT...

Accommodation; Discount or Dilemma? - Trevor Ward, Fletchers Solicitors

Accommodation; Discount or Dilemma? - Trevor Ward, Fletchers Solicitors

25/10/18. Will the likely change in the discount rate for personal injury losses affect the way in which the Courts deal with the calculation of accommodation claims in serious p...

When can a Claimant be allowed a Second Bite at a Cherry? - Aidan Ellis, Temple Garden Chambers

When can a Claimant be allowed a Second Bite at a Cherry? - Aidan Ellis, Temple Garden Chambers

23/10/18. Following the Jackson reforms, the renewed emphasis on efficiency and compliance with rules, practice directions and orders led to an increased number of claims being s...

Autonomous Vehicles May Be Motoring Towards the UK, but Who Is Liable if They Crash Along the Way? - Paul Fretwell, George Ide LLP

Autonomous Vehicles May Be Motoring Towards the UK, but Who Is Liable if They Crash Along the Way? - Paul Fretwell, George Ide LLP

15/04/19. Now that the Automated and Electric Vehicles (AEV) Act is enshrined in law, will the government deliver ‘automatic’ compensation for injured victims of driverless cars?...

FREE SAMPLE from 'A Practical Guide to Noise Induced Hearing Loss Claims' by Andrew Mckie, Ian Skeate, Gareth McAloon

FREE SAMPLE from 'A Practical Guide to Noise Induced Hearing Loss Claims' by Andrew Mckie, Ian Skeate, Gareth McAloon

08/04/19. Generally this book covers issues in relation to NIHL and hearing loss claims, and in particular focuses on the day-to-day issues in practice that one encounters with s...

ENRC v SFO: Privilege Rebuilt - Helen Simm, Browne Jacobson LLP

ENRC v SFO: Privilege Rebuilt - Helen Simm, Browne Jacobson LLP

21/03/19. On Wednesday 6 September 2018, one of the most awaited court judgments in recent times was handed down by the Court of Appeal. The judgment impacts on any entity conduc...

PI Practitioner, March 2019

PI Practitioner, March 2019

16/03/19. 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...

AI and Robots in Personal Injury Claims? - Tim Wallis, Trust Mediation & FOIL

AI and Robots in Personal Injury Claims? - Tim Wallis, Trust Mediation & FOIL

11/03/19. News that a ‘robot mediator’ has been used to settle a dispute in the court system, for what is believed to be the first time, was reported in Legal Futures recently. [...

Editorial: Delay and Adjourned Hearings - Aidan Ellis, Temple Garden Chambers

Editorial: Delay and Adjourned Hearings - Aidan Ellis, Temple Garden Chambers

27/02/19. Previous editorials have drawn attention to the prevalence of late adjournments of trials due to judicial availability or court resources. Anecdotally, the ripple effec...

PI Practitioner, February 2019

PI Practitioner, February 2019

16/02/19. 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...

SSB Law win landmark industrial disease case - Stuart White & Christopher Johnson, SSB Law

SSB Law win landmark industrial disease case - Stuart White & Christopher Johnson, SSB Law

12/02/19. In a landmark judgement, the High Court has ruled that a former employee of Alcoa, one of the world’s largest producers of aluminium, should be compensated for loss of ...

The importance of getting the wording of pre-trial agreements right - Kate Donachie & Mohsen Din, Brodies LLP

The importance of getting the wording of pre-trial agreements right  - Kate Donachie & Mohsen Din, Brodies LLP

31/01/19. A joint minute is a form of pre-trial agreement which is lodged with the court and sets out non-controversial matters between the parties in advance of a proof (trial) ...

PI Practitioner, January 2019

PI Practitioner, January 2019

16/01/19. 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...

The complex reasons why a claimant takes legal action - Ali Malsher, Anthony Gold Solicitors

The complex reasons why a claimant takes legal action - Ali Malsher, Anthony Gold Solicitors

14/01/19. Reading the traditional media, it appears, clinical negligence claimants are motivated by finance only. Yet this doesn’t equate with the experience of those who work in...

Fundamental dishonesty in occupational disease claims (part 3) - Paul Debney, Weightmans LLP

Fundamental dishonesty in occupational disease claims (part 3) - Paul Debney, Weightmans LLP

09/01/19. In this, the last of a series of 3 articles, Paul Debney, Partner and head of disease counter fraud at national firm Weightmans LLP, examines the impact of the suppress...

Editorial: Trial Bundles - Aidan Ellis, Temple Garden Chambers

Editorial: Trial Bundles - Aidan Ellis, Temple Garden Chambers

20/12/18. Instead of my usual December ‘review of the year’, I will end 2018 with some thoughts about trial bundles. I have had a significant number of trials this month (not all...

PI Practitioner, December 2018

PI Practitioner, December 2018

16/12/18. 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...

Review of Highway Code Due for 2019 - Charles Heppenstall, Weightmans LLP

Review of Highway Code Due for 2019 - Charles Heppenstall, Weightmans LLP

10/12/18. On the 18th October 2018 the Ministry of Transport announced a proposed update of the Highway Code, to further codify driving practices intended to protect cyclist...

An Introduction to Cooling - Flora Midgley, Bolt Burdon Kemp

An Introduction to Cooling - Flora Midgley, Bolt Burdon Kemp

06/12/18. The NHS uses controlled cooling to treat newborn babies who suffer brain injuries following a deprivation of oxygen during birth/labour. I am a solicitor at Bolt Burdon...

Cavanagh v Witley Parish Council [2018] EWCA Civ 2232 - Peter Wake, Weightmans LLP

Cavanagh v Witley Parish Council [2018] EWCA Civ 2232 - Peter Wake, Weightmans LLP

04/12/18. In a recent decision which contains some salutary learning points for defendants, the Court of Appeal has found the defendant local authority to be liable to the claima...

Motor Insurance / MIB Update - Julie-Anne Luck, 9 St John Street Chambers

Motor Insurance / MIB Update - Julie-Anne Luck, 9 St John Street Chambers

16/11/18. The potential impact of recent UK and European decisions upon the cost of motor insurance and claims following road traffic accidents cannot be underestimated. The indu...

PI Practitioner, November 2018

PI Practitioner, November 2018

16/11/18. 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 from 'A Practical Guide to Relief from Sanctions Post-Mitchell and Denton' by Peter Causton

FREE BOOK CHAPTER from 'A Practical Guide to Relief from Sanctions Post-Mitchell and Denton' by Peter Causton

08/11/18. Chapter Two - Background History: From Woolf to Jackson To Dyson.

Prior to the implementation of the Jackson reforms, it was considered that the courts had become too to...