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FREE BOOK CHAPTER: Current Vehicles, Current Law (From 'The Law of Driverless Cars: An Introduction' by Alex Glassbrook)

FREE BOOK CHAPTER: Current Vehicles, Current Law (From 'The Law of Driverless Cars: An Introduction' by Alex Glassbrook)

28/02/17. Chapter One from the UK's first book on the law of driverless cars.

Motor vehicles are now almost always under the control of a human driver when in motio...

Case Summary: C v Toma (D) - Emma Melia, Spencers Solicitors

Case Summary: C v Toma (D) - Emma Melia, Spencers Solicitors

23/02/17. Case Name: C v Toma (D), Court Name: N/A, Case Number: N/A, Accident Date: 11/06/2014, Settlement Date: 21st July 2015, Total Gr...

Navigating the Minefield: Claims in the Employment Tribunal, County Court and Abuse of Process - Liam Ryan, Ely Place Chambers

Navigating the Minefield: Claims in the Employment Tribunal, County Court and Abuse of Process - Liam Ryan, Ely Place Chambers

19/02/17. When dealing with Stress at Work cases one of the first issues that needs to be considered is in which forum (County or High Court as opposed to the Empl...

Wilkinson lives on in Crawley! - Ian Pennock, Park Lane Plowden Chambers

Wilkinson lives on in Crawley! - Ian Pennock, Park Lane Plowden Chambers

16/02/17. The case of Wilkinson-v-City of York Council [2011] EWCA Civ 207 has rightly caused highway authorities difficulties in highway cases because;

      1. It not only...

Mckenzie Friends: Improving Access to Justice in Clinical Negligence 2017 - Dr Mark Burgin

Mckenzie Friends: Improving Access to Justice in Clinical Negligence 2017 - Dr Mark Burgin

07/03/17. Dr Mark Burgin BM BCh (oxon) MRCGP considers the expert’s duty to the court when instructed by a Litigant in Person (LIP) assisted by a McKenzie friend.

The Woolf reform...

Editorial: Statutory Damages for Injuries from Vaccinations - Aidan Ellis, Temple Garden Chambers

Editorial: Statutory Damages for Injuries from Vaccinations - Aidan Ellis, Temple Garden Chambers

23/02/17. An interesting recent case involving narcolepsy and the swine flu vaccine, Secretary of State for Work and Pensions v FG (on behalf of John) [2017] EWCA Civ 61, drew my...

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

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

22/02/17. Hutton and others v Criminal Injuries Compensation Authority [2016] EWCA Civ 1305. A claim for criminal injuries compensation was brought almost 40 years out of time. C...

Hetherington v The Trustees Thornberry Animal Sanctuary - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

Hetherington v The Trustees Thornberry Animal Sanctuary - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

20/02/17. Rotherham County Court. Case number: A71YP448. Accident date: 14 December 2013. Settlement date: 27 January 2016. Gross settlement: £25,000.00.

Background

On 14...

Emergency Care and Material Contribution in Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust - Katherine Galza, Kingsley

Emergency Care and Material Contribution in Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust - Katherine Galza, Kingsley

17/02/17. This case began with Dr John sustaining a serious brain injury having fallen down the stairs to his flat. He remained in an unconscious state for some time before he wa...

Summary of Recent Cases, February 2017

Summary of Recent Cases, February 2017

15/02/17. 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...

Harris v Miller - Victoria Brown, Pupil, Outer Temple Chambers

Harris v Miller - Victoria Brown, Pupil, Outer Temple Chambers

13/02/17. Harris v Miller is one of the rare examples of successfully establishing negligence following a horsing accident. Such cases are notoriously difficult to win; the risk ...

Wood v TUI - Food poisoning in the Court of Appeal - Jack Harding, 1 Chancery Lane

Wood v TUI - Food poisoning in the Court of Appeal - Jack Harding, 1 Chancery Lane

12/02/17. The Court of Appeal handed down judgment on 16th January 2017 in in Wood v TUI Travel PLC (2017) EWCA Civ 11 , the first appellate authority on the liability of trav...

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)

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)

08/02/17. The 6th April 2015 saw the introduction of new protocols for personal injury and clinical negligence claims dovetailing with increases in Court fees. The terms of the u...

FREE BOOK CHAPTER: The Severity of a Traumatic Brain Injury (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan)

FREE BOOK CHAPTER: The Severity of a Traumatic Brain Injury (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan)

03/02/17. One Scale used to assess consciousness is called the Glasgow Coma Scale which is abbreviated in notes to (“GCS”). This is the most extensively used system for assessing...

O v Muller Wiseman Dairies, Quantum: EL Claim - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

O v Muller Wiseman Dairies, Quantum: EL Claim - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

26/01/17. Accident date: 18/7/2010. Settlement date: 21/10/2015. Gross settlement: £235,000.00

The claim

The Claimant; Mr O, a 35 year old Maintenance Engineer employed b...

Quantum Report: Walker V Fensome (2016) - Annie Bates, Express Solicitors

Quantum Report: Walker V Fensome (2016) - Annie Bates, Express Solicitors

23/01/17. The claimant, a 55 year old man, received £51,000 for a shoulder injury sustained in a road traffic accident in December 2012. His injuries improved however, he was lef...

Court Confirms Part 36 Offers Reject Earlier Common Law Offers (but watch this space for the appeal) - Sarah Holland, Loney Stewart Holland LLP

Court Confirms Part 36 Offers Reject Earlier Common Law Offers (but watch this space for the appeal) - Sarah Holland, Loney Stewart Holland LLP

20/01/17. In DB UK Bank Limited (t/a DB Mortgages) -v- Jacobs Solicitors [2016] EWHC 1614 (Ch) the High Court ruled that making a Part 36 offer has the effect of rejecting an earli...

Treat the Man Not the Scan - Angelina M Rigby, Geldards

Treat the Man Not the Scan - Angelina M Rigby, Geldards

20/01/17. The case of Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust [2016] EWHC 407 marks an important development in the ...

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

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

19/01/17. William Audland QC of 12 King’s Bench Walk and Gary Tweddle of MB Law represented the Defendant in this case where the Claimant, who was raped by an employee of a Sri L...

Summary of Recent Cases, January 2017

Summary of Recent Cases, January 2017

15/01/17. 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...

Adjudication: Will It Ever Be Flavour of the Month? - John Bennett and Will Graham, DWF LLP

Adjudication: Will It Ever Be Flavour of the Month? - John Bennett and Will Graham, DWF LLP

12/01/17. Adjudication has been a fixture in professional negligence disputes relating to construction since its introduction as a mandatory element of the pre-action protocol in...

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

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

11/01/17. The Queen On The Application Of Criminal Injuries Compensation Authority V First-Tier Tribunal (Criminal Injuries Compensation) and MB (Interested Party) [2016] EWHC 27...

Range of Opinion in PI Prognosis 2016 - Dr Mark Burgin

Range of Opinion in PI Prognosis 2016 - Dr Mark Burgin

06/01/17.  Dr. Mark Burgin BM BCh (oxon) MRCGP explains the theoretical approaches that underpin expert range of opinion with regards to soft tissue injury in Personal injur...

Review Announced of Discount Rate for PI Damages - Ian Miller, 1 Chancery Lane

Review Announced of Discount Rate for PI Damages - Ian Miller, 1 Chancery Lane

24/12/16. The Lord Chancellor has announced that the discount rate is to be reviewed and the result to be announced on 31st January 2017. The press release is instructive and is ...

Late Acceptance of Part 36 Offers: Do Fixed Costs Apply? - Tom Collins, 1 Chancery Lane

Late Acceptance of Part 36 Offers: Do Fixed Costs Apply? - Tom Collins, 1 Chancery Lane

15/03/17. It’s a little over a year now since the Court of Appeal gave judgment in Broadhurst v Tan , a decision which dramatically raised the stakes in fixed cost EL/PL and RTA ca...

An Update From North of the Border: Scottish Courts Continue to Take an Increasingly Strict Approach - Charlotte Edgar, Brodies LLP

An Update From North of the Border: Scottish Courts Continue to Take an Increasingly Strict Approach - Charlotte Edgar, Brodies LLP

22/02/17.  The Update this month focuses on two decisions that show that Scottish courts continue to take an increasingly strict approach. The first considers a refusal to s...

FREE BOOK CHAPTER: Local Authority Services (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson)

FREE BOOK CHAPTER: Local Authority Services (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson)

21/02/17. Under Section 9 of the Care Act 2014, local authorities in England are legally obliged to assess anyone who comes to their notice as being potentially in need of care a...

PI Practitioner, February 2017

PI Practitioner, February 2017

16/02/17. 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...

Date of Knowledge and Limitation: Lewin v Glaxo, Case Report - Thomas Crockett, 1 Chancery Lane

Date of Knowledge and Limitation: Lewin v Glaxo, Case Report - Thomas Crockett, 1 Chancery Lane

14/02/17. In cases concerning an allegation of bodily injury, time for the purposes of statutory limitation does not begin to run until the cause of action accrues or the date o...

How Not to Litigate in Catastrophic Personal Injury Claims - Bill Braithwaite QC, Head of Exchange Chambers

How Not to Litigate in Catastrophic Personal Injury Claims - Bill Braithwaite QC, Head of Exchange Chambers

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 p...

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)

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)

06/02/17. In this section consideration is given to the circumstances in which a participant in a sporting event may be held liable to a spectator injured while attending an even...

Editorial: Constitutional Litigation - Aidan Ellis, Temple Garden Chambers

Editorial: Constitutional Litigation - Aidan Ellis, Temple Garden Chambers

30/01/17. Though not a personal injury claim, it would be churlish for this editorial to overlook the most important legal case of the month. In Miller v Secretary of State for ex...

Quantum Report: Float v Hedingham & District Omnibuses Ltd (2016) - Annie Bates, Express Solicitors

Quantum Report: Float v Hedingham & District Omnibuses Ltd (2016) - Annie Bates, Express Solicitors

24/01/17.  The claimant, a 55 year old man, received £110,000 for a foot injury he sustained in December 2010 when he fell from a ladder in his place of work.

Total Damages: ...

Vicarious Liability: The Close Connection Test is Alive and Well - Jonathan Dale, 18 St John Street Chambers

Vicarious Liability: The Close Connection Test is Alive and Well - Jonathan Dale, 18 St John Street Chambers

18/01/17. In Fletcher v Chancery Supplies Limited [2016] EWCA Civ 1112 the Court of Appeal considered the issue of vicarious liability in a case in which the employee had not giv...

PI Practitioner, January 2017

PI Practitioner, January 2017

16/01/17. 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...

Moving on, After Waiting for Godot - Jon Lang & Denise O'Connor, Independent Mediators

Moving on, After Waiting for Godot - Jon Lang & Denise O'Connor, Independent Mediators

14/01/17. Positive momentum. It’s probably one of the best antidotes to procrastination, and often the difference between the parties resolving a commercial dispute at mediation ...

FREE BOOK CHAPTER: Why Get an Expert? (From 'On Experts: CPR35 for Lawyers and Experts' by David Boyle)

FREE BOOK CHAPTER: Why Get an Expert? (From 'On Experts: CPR35 for Lawyers and Experts' by David Boyle)

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 procedura...

Fixed Costs Post-Portal Exit (aka ‘Prexit’) - Sarah Robson, Alpha Court Chambers

Fixed Costs Post-Portal Exit (aka ‘Prexit’) - Sarah Robson, Alpha Court Chambers

09/01/17. Much has been written in the blogosphere about the two recent Court of Appeal cases on fixed costs post ‘Prexit’; Terrence Bird v Acorn Group Ltd [2016] EWCA Civ 1096 and Q...

Jackson in Action: Case Law - Marcus Davies, DWF LLP

Jackson in Action: Case Law - Marcus Davies, DWF LLP

08/01/17. In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:

Qualified One-Way Costs Shifting r...

Bird v Acorn Group Ltd [2016] EWCA Civ 1096: Recent Decision Offers Clarity On A 'Short But Important Point' - Andrew Cullen, Barrister

Bird v Acorn Group Ltd [2016] EWCA Civ 1096: Recent Decision Offers Clarity On A 'Short But Important Point' - Andrew Cullen, Barrister

23/12/16. The Court of Appeal decision in Bird v Acorn Group Ltd [2016] EWCA Civ 1096 centered on the question of whether a 10-minute disposal hearing amounted to listing the claim...

'Reforming the Soft Tissue Injury ('Whiplash') Claims Process': Access To Justice Thrown Out of the Window - Andrew Cullen, Barrister

'Reforming the Soft Tissue Injury ('Whiplash') Claims Process': Access To Justice Thrown Out of the Window - Andrew Cullen, Barrister

23/12/16. The Government’s Consultation Paper, ‘Reforming the Soft Tissue Injury (‘whiplash’) Claims Process’, has sent seismic waves across the PI world, waves which will reverb...

FREE BOOK CHAPTER: Understanding the Brain (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan)

FREE BOOK CHAPTER: Understanding the Brain (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan)

21/12/16. As an area of medicine, perhaps less than 5% of all there is to be known is in fact, known about the brain, how it operates and how it controls us and how it can deteri...

Supreme Court Clarifies Applicable Law for Accidents Abroad Involving Uninsured Drivers - Sara-Jane Eaton, DWF LLP

Supreme Court Clarifies Applicable Law for Accidents Abroad Involving Uninsured Drivers - Sara-Jane Eaton, DWF LLP

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 u...

PI Practitioner, December 2016

PI Practitioner, December 2016

16/12/16. 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...