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Psychiatric Damage Arising From Disciplinary Proceedings - Angela Williams, Browne Jacobson LLP

Psychiatric Damage Arising From Disciplinary Proceedings - Angela Williams, Browne Jacobson LLP

08/01/18. The recent High Court case of Marsh v Ministry of Justice (2017) provides that employers must give consideration to the effect on emp...

Vicarious Liability and Non-Delegable Duty: the Tweedle-Dum and Tweedle-Dee of Strict Liability? - Lucile Taylor

Vicarious Liability and Non-Delegable Duty: the Tweedle-Dum and Tweedle-Dee of Strict Liability? - Lucile Taylor

18/12/17. In Armes, the Claimant had suffered physical and sexual abuse at the hands of the foster parents with whom she had been placed at aged ...

Bikelawyer Wins High Court Case Extending the Liability of Motor Insurers to Innocent Accident Victims - Andrew Campbell, Bikelawyer Motor Accident Solicitors

Bikelawyer Wins High Court Case Extending the Liability of Motor Insurers to Innocent Accident Victims - Andrew Campbell, Bikelawyer Motor Accident Solicitors

15/12/17. Christopher Wastell –v- Gordon Woodward (Deceased) (1) & Chaucer Syndicates Ltd (2)[2017]. What were the facts? In July...

FREE BOOK CHAPTER: The Basics of Advocacy (from 'Arguments and Tactics for Personal Injury and Clinical Negligence Claims' by Dorian Williams)

FREE BOOK CHAPTER: The Basics of Advocacy (from 'Arguments and Tactics for Personal Injury and Clinical Negligence Claims' by Dorian Williams)

24/11/17.  This is the complete Chapter One from our new book, ‘Arguments and Tactics for Personal Injury and Clinical Negligence Claims’ ...

Withdrawing Admissions: Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097 - Shaun Ferris, Crown Office Chambers

Withdrawing Admissions: Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097 - Shaun Ferris, Crown Office Chambers

19/01/17. The Court of Appeal has considered the position where a defendant (D1), presented with a claim that is said to be of low value, admits liability but is later confronted...

How To Prepare Effectively For Mediation - Justin Patten, Human Law

How To Prepare Effectively For Mediation - Justin Patten, Human Law

21/12/17. The recent failure to announce the EU/UK agreement which never was on Monday 4th December illustrates some of the difficulties of Brexit negotiation and negotiations in...

Editorial: Review of the Year - Aidan Ellis, Temple Garden Chambers

Editorial: Review of the Year - Aidan Ellis, Temple Garden Chambers

20/12/17. As thoughts turn to Christmas and the New Year, it seems traditional to wrap up 2017 with some comment on the practical trends in personal injury litigation this year.

F...

Summary of Recent Cases, December 2017

Summary of Recent Cases, December 2017

15/12/17. 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...

Experts: Costs and Delay - David Locke, Hill Dickinson

Experts: Costs and Delay - David Locke, Hill Dickinson

12/12/17. The role of independent medical experts is pivotal in the resolution of personal injury and clinical negligence litigation, but the associated impact on cost and shelf-...

Stress at Work: Court or Employment Tribunal? - Anna Macey, Kings Chambers

Stress at Work: Court or Employment Tribunal? - Anna Macey, Kings Chambers

07/12/17. When advising clients on PI claims arising within the workplace, few barristers or solicitors consider whether a claim for compensation for an injury and the losses con...

Is the Tide Turning? Sanction for Counsel Refused Again - Kate Donachie, Brodies

Is the Tide Turning? Sanction for Counsel Refused Again - Kate Donachie, Brodies

30/11/17. The Sheriff Personal Injury Court has recently issued two decisions refusing sanction; Sheriff Mackie’s in McKenzie v McCormack and now an unpublished decision issued by S...

Vicarious Liability Once Removed? by Way of TUPE - Lucile Taylor

Vicarious Liability Once Removed? by Way of TUPE - Lucile Taylor

23/11/17. Case Comment on Baker v British Gas Services (Commercial) Ltd and J&L Electrics (Lye) Ltd [2017] EWHC 2302 (QB).

The question addressed in Baker was whether liability fo...

Taking Responsibility: Foster Care, Child Abuse and Vicarious Liability - Liam Ryan, 7 Bedford Row

Taking Responsibility: Foster Care, Child Abuse and Vicarious Liability - Liam Ryan, 7 Bedford Row

20/11/17. When dealing with cases of child abuse, strong emotions are stirred in almost all people with clear feeling of right and wrong being arrived at. However, when seeking t...

Summary of Recent Cases, November 2017

Summary of Recent Cases, November 2017

15/11/17. 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 Relevance of Local Living Standards in the Assessment of Damages - Jack Harding, 1 Chancery Lane

The Relevance of Local Living Standards in the Assessment of Damages - Jack Harding, 1 Chancery Lane

02/11/17. What is the correct approach to the assessment of general damages in a case in which the Claimant resides abroad? Should the increased (or possibly lower) cost of livin...

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 ...

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 having a decision imposed by a judge in...

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...

PI Practitioner, December 2017

PI Practitioner, December 2017

16/12/17. 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...

Community Neurorehabilitation for Traumatic Brain Injury - Daniel Friedland, Consultant Clinical Neuropsychologist

Community Neurorehabilitation for Traumatic Brain Injury - Daniel Friedland, Consultant Clinical Neuropsychologist

13/12/17. The total incidence of traumatic brain injury (TBI) in the general population in the UK is estimated at 229 per 100,000. 1 Moderate to severe traumatic brain injury acc...

Gordon Exall, Zenith Chambers & Hardwicke

Gordon Exall, Zenith Chambers & Hardwicke

04/12/17.   In  Smith v Lancashire Teaching Hospitals NHS Foundation Trust & Ors [2017] EWCA Civ 1916 the Court of Appeal declared that the exclusion of cohabitees was...

Editorial: Abolition of Personal Injuries Law – Aidan Ellis, Temple Garden Chambers

Editorial: Abolition of Personal Injuries Law – Aidan Ellis, Temple Garden Chambers

30/11/17. Earlier this month, Lord Sumption delivered a provocative lecture to the Personal Injuries Bar Association entitled “Abolishing Personal Injuries Law: A Project”. Takin...

Getting Started With the Ogden Tables - Simon Levene, 12 King’s Bench Walk

Getting Started With the Ogden Tables - Simon Levene, 12 King’s Bench Walk

21/11/17. The MOJ’s announcement on 27th February 2017 that the discount rate for calculating future losses was to be reduced from 2.50% to –0.75% caused more excitement tha...

PI Practitioner, November 2017

PI Practitioner, November 2017

16/11/17. 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 Quick Change of Gear? - Joanne Clancy, Thorntons Law LLP

A Quick Change of Gear? - Joanne Clancy, Thorntons Law LLP

14/11/17. The Department of Transport have announced their plans to review the law regarding dangerous cyclists. Their announcement comes in the wake of the recent trial of Charl...

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 ...

Patient Consent and the Law: 3 Reasons Why It Matters - Paul Sankey, Enable Law

Patient Consent and the Law: 3 Reasons Why It Matters - Paul Sankey, Enable Law

10/11/17. Montgomery and a Doctor's Duty in Advising – The Supreme Court's decision in Montgomery v Lanarkshire Health Board changed the law in relation to patient consent. ...

Fundamental Dishonesty Goes Beyond Claims in the Fast Track- Sunil Nannar, DWF LLP

Fundamental Dishonesty Goes Beyond Claims in the Fast Track- Sunil Nannar, DWF LLP

06/11/17. Although there are many reports of a finding of fundamental dishonesty in whiplash cases, they are only now starting to emerge in larger claims. Sunil Nannar looks at t...

Truth, Lies, Exaggeration and the Judicial Crucible: A Reminder of Judicial Independence in Assessing Expert Evidence - Liam Ryan, 7 Bedford Row

Truth, Lies, Exaggeration and the Judicial Crucible: A Reminder of Judicial Independence in Assessing Expert Evidence - Liam Ryan, 7 Bedford Row

01/11/17. Published on the 12th October 2017, the case of Fletcher v Keatley   [2017] EWCA Civ 1540 reaffirms in my opinion three broad points and areas of concern for pra...

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 system to determine damages in fatal ...

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 evidence. More and more judgments ar...

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...