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Court of Session Offers Useful Guidance in the Assessment of Damages for Fatal Claims - Lauren Baillie, Brodies

Court of Session Offers Useful Guidance in the Assessment of Damages for Fatal Claims - Lauren Baillie, Brodies

30/10/17. In Manson v Henry Robb Ltd [2017] CSOH 126, a recent judgement from the Court of Session, Lord Clarke rejected the use of a tariff sy...

Expert Evidence and Experts' Duties in Clinical Negligence Cases - Kirsten Wall, Leigh Day

Expert Evidence and Experts' Duties in Clinical Negligence Cases - Kirsten Wall, Leigh Day

19/10/17. As increasing numbers of clinical negligence cases are reaching trial, so are the number of medical experts being called on to give e...

FREE BOOK SAMPLE: from 'Practical Mediation'' by Jonathan Dingle with John Sephton

FREE BOOK SAMPLE: from 'Practical Mediation'' by Jonathan Dingle with John Sephton

03/10/17. Mediation is now is a key form of what many commentators call Alternative Dispute Resolution (ADR). The ‘alternative’ here is to havi...

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...

Are Pi Firms Blazing a Marketing Trail? - Qamar Anwar, First4Lawyers

Are Pi Firms Blazing a Marketing Trail? - Qamar Anwar, First4Lawyers

31/10/17. The world around us continues to change at a rapid pace and artificial intelligence, voice search, programmatic marketing and mobile marketing are already being embrace...

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

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

23/10/17.  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.

Relief from sanctions regime...

Summary of Recent Cases, October 2017

Summary of Recent Cases, October 2017

15/10/17. 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...

FREE BOOK CHAPTER: The Challenge: The SRA And the Compliance Agenda (from 'A Practical Guide to Compliance for Personal Injury Firms Working With Claims Management Companies' by Paul Bennett)

FREE BOOK CHAPTER: The Challenge: The SRA And the Compliance Agenda (from 'A Practical Guide to Compliance for Personal Injury Firms Working With Claims Management Companies' by Paul Bennett)

09/10/17. Compliance basics –  You may think this is obvious, but every day I advise law firms who have failed to step back and challenge their own way of working. For compli...

FREE BOOK SAMPLE: Knowledge of the Animal’s Characteristics: S.2(2)(c) Animals Act (from 'A Practical Guide to Personal Injury Claims Involving Animals' by Jonathan Hand)

FREE BOOK SAMPLE: Knowledge of the Animal’s Characteristics: S.2(2)(c) Animals Act (from 'A Practical Guide to Personal Injury Claims Involving Animals' by Jonathan Hand)

05/10/17. Paragraph (c) of s.2(2) is concerned with the keeper’s knowledge of the animal’s characteristics as identified under paragraph (b). It requires either actual knowledge ...

Frank Perry v Raleys Solicitors - Elizabeth Jones, Parklane Plowden Chambers

Frank Perry v Raleys Solicitors - Elizabeth Jones, Parklane Plowden Chambers

25/09/17. The Claimant was a miner who many years ago brought a claim, supported by medical evidence, for VWF (Vibration White Finger). In the current action the Claimant was pu...

Fire Safety - Laura Guntrip, Lester Aldridge

Fire Safety - Laura Guntrip, Lester Aldridge

23/09/17. The danger presented by fire is well known but people may be surprised by just how many fires actually take place and, in particular, how many occur in care homes.

Care...

CICA and False Claims: A Rock and a Hard Place? - Caroline Kelly, Thorntons

CICA and False Claims: A Rock and a Hard Place? - Caroline Kelly, Thorntons

17/09/17. The Criminal Injuries Compensation Authority (CICA) has been in the press on a number of occasions recently about compensation paid out to abuse victims in cases where ...

Summary of Recent Cases, September 2017

Summary of Recent Cases, September 2017

15/09/17. 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...

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...

W v Sanofi Pasteur MSD, European Court of Justice, Judgment 21st June 2017 - Peter Todd, Hodge Jones & Allen

W v Sanofi Pasteur MSD, European Court of Justice, Judgment 21st June 2017 - Peter Todd, Hodge Jones & Allen

08/09/17. This judgment of the ECJ recently caused an outcry in certain sections of the media – it was claimed the ECJ had “opened the floodgates for spurious vaccination claims”...

The Divisibility of Psychiatric Injury and Taking the Stress Out of Apportionment - Jack Harding, 1 Chancery Lane

The Divisibility of Psychiatric Injury and Taking the Stress Out of Apportionment - Jack Harding, 1 Chancery Lane

04/09/17. Over the past 9 years personal injury practitioners who have litigated occupational stress claims will have had to grapple with an apparent inconsistency in the case la...

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...

FREE BOOK CHAPTER: Qualified One-Way Costs Shifting (QOCS) (from 'A Practical Guide to QOCS and Fundamental Dishonesty' by James Bentley)

FREE BOOK CHAPTER: Qualified One-Way Costs Shifting (QOCS) (from 'A Practical Guide to QOCS and Fundamental Dishonesty' by James Bentley)

13/10/17. Before exploring the qualifications to one-way costs shifting, it will be useful to first look at when the QOCS regime does and does not apply.

The substantive scope of ...

PI Practitioner, October 2017

PI Practitioner, October 2017

16/10/17. 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...

Approval of Success Fee Deduction From Damages for a Protected Party - Richard Lowery, Express Solicitors

Approval of Success Fee Deduction From Damages for a Protected Party - Richard Lowery, Express Solicitors

11/10/17. The Claimant was injured when the Defendant turned right from a main road into the side street which the Claimant was crossing and collided with the Claimant. The Clai...

Editorial: Understanding the Number of Dishonest Claims - Aidan Ellis, Temple Garden Chambers

Editorial: Understanding the Number of Dishonest Claims - Aidan Ellis, Temple Garden Chambers

10/10/17. For a number of years in personal injury litigation, issues arising from dishonest or exaggerated claims have been growing in importance and profile. Not a week seems t...

FREE BOOK CHAPTER: The Structure Of the Care Act 2014 (from 'Introduction to the Law of Community Care in England and Wales' by Alan Robinson)

FREE BOOK CHAPTER: The Structure Of the Care Act 2014 (from 'Introduction to the Law of Community Care in England and Wales' by Alan Robinson)

06/10/17. 1. General principles –  The Act set out to regularise the confusing collection of statutes which governed community care in England, which are described above...

FREE BOOK SAMPLE: Primary Victims: Cases Involving Physical Injury (from 'A Practical Guide to Psychiatric Claims in Personal Injury' by Liam Ryan)

FREE BOOK SAMPLE: Primary Victims: Cases Involving Physical Injury (from 'A Practical Guide to Psychiatric Claims in Personal Injury' by Liam Ryan)

04/10/17. When first considering if a claim for psychiatric injury is worth perusing, it’s fair to say that a legal practitioner will rarely have all the evidence that they need ...

Could This Case Be the End of Failure to Take Into Care Claims? - Malcolm Johnson, BL Claims

Could This Case Be the End of Failure to Take Into Care Claims? - Malcolm Johnson, BL Claims

02/10/17. Judgment awaited in the case of CN & GN v Poole Borough Council.

Failure to take into care claims are typically brought by children whose predicament has become know...

Scotland’s Specialised Personal Injury Court Continues to Develop Its Personality - Catriona Hepburn, Brodies

Scotland’s Specialised Personal Injury Court Continues to Develop Its Personality - Catriona Hepburn, Brodies

29/09/17. The All-Scotland Personal Injury Court (ASPIC) was created in September 2015. Recently its Sheriffs have been taking opportunities to express what they believe the fund...

What Are The Responsibilities of Volunteer Marshals? - Mike Kemp, Thorntons

What Are The Responsibilities of Volunteer Marshals? - Mike Kemp, Thorntons

20/09/17. News that the British Cycling Federation, an official and a marshal face criminal proceedings for the death of a spectator in the a Mountain Biking event in North Wales...

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...

PI Practitioner, September 2017

PI Practitioner, September 2017

16/09/17. 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...

Claim under MIB’s Untraced Drivers Scheme subject to Qualified One Way Costs Shifting - Malcolm Johnson, BL Claims

Claim under MIB’s Untraced Drivers Scheme subject to Qualified One Way Costs Shifting - Malcolm Johnson, BL Claims

10/09/17. In Howe v Motor Insurers’ Bureau [2017] EWCA Civ 932, Mr Howe was driving a lorry in France on the 30 March 2007 when a wheel detached from a lorry in front of him. The...

Indemnity Costs in Fixed Cost Case - Jonathan Flattery, Express Solicitors

Indemnity Costs in Fixed Cost Case - Jonathan Flattery, Express Solicitors

05/09/17. Liability was denied and proceedings were issued 28th January 2016. Value was pleaded up to £5,000 so fixed costs applied.

Defendant’s Defence 22/4/16 denied and alleged...

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...

Damages for the Failure to Obtain Informed Consent? - Nicholas Pilsbury, Hailsham Chambers

Damages for the Failure to Obtain Informed Consent? - Nicholas Pilsbury, Hailsham Chambers

18/08/17. When a doctor fails to obtain a patient’s informed consent to an operation, should damages be awarded for that failure to obtain consent, regardless of any award that m...

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 ...

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 (considered in detail here ). That decision ...

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...