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Swift v Carpenter and the Cost of Special Accommodation - Carin Hunt, Outer Temple Chambers

Swift v Carpenter and the Cost of Special Accommodation - Carin Hunt, Outer Temple Chambers

20/10/20. The case of Swift v Carpenter was heard by the Court of Appeal on 23 -25 June 2020 and judgment is eagerly awaited ...

Griffiths v TUI UK Limited [2020] EWHC 2268 (QB): The Court may not depart from uncontroverted expert evidence - Sam Way, Devereux Chambers

Griffiths v TUI UK Limited [2020] EWHC 2268 (QB): The Court may not depart from uncontroverted expert evidence - Sam Way, Devereux Chambers

24/09/20. In a judgment which will have wide-ranging implications across lower value personal injury claims, Martin Spencer J...

Employers’ Liability for Work Place Stress: The Principles and Pitfalls - Michelle Liddy, Oriel Chambers

Employers’ Liability for Work Place Stress: The Principles and Pitfalls - Michelle Liddy, Oriel Chambers

31/08/20. There are a variety of ways that an employer can find themselves compensating an employee for an injury sustained a...

Becoming more virus-resilient: tips on dealing with the COVID-19 coronavirus situation - Professor Hugh Koch

Becoming more virus-resilient: tips on dealing with the COVID-19 coronavirus situation - Professor Hugh Koch

15/01/2021 UPDATE:

Happy New Year, 2021. I hope you and yours are safe and well. Has the virus gone yet? – No. Have you had y...

Case Summary: M v L - Steven Barke, Spencers Solicitors Limited

Case Summary: M v L - Steven Barke, Spencers Solicitors Limited

22/12/20. Case Name: M v L

Court Name: SHEFFIELD

Accident Date: 

21/11/2016



Settlement Date: 

12/11/2019



TOTAL GROSS SETTLEMENT: £35,000.00

Background

Th...

FREE CHAPTER from ‘A Practical Guide to Claims Arising from Fatal Accidents – 2nd Edition’ by James Patience

FREE CHAPTER from ‘A Practical Guide to Claims Arising from Fatal Accidents – 2nd Edition’ by James Patience

Claims arising out of a Fatal Accident can be complex, high value and fraught with emotion. This book offers the practitioner a clear and comprehensive guide to all of the issue...

Summary of Recent Cases, December 2020

Summary of Recent Cases, December 2020

15/12/20. 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...

How well do law firms understand their clients and the effectiveness of their own marketing? - Qamar Anwar, First4Lawyers

How well do law firms understand their clients and the effectiveness of their own marketing? - Qamar Anwar, First4Lawyers

04/12/20. This year more than any in recent memory has highlighted how much businesses need to be aware of their costs and budgets. Businesses can be forgiven for not having pred...

Summary of Recent Cases, November 2020

Summary of Recent Cases, November 2020

15/11/20. 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 from 'A Practical Guide to the Compensation Recovery Unit and NHS Charges in Personal Injury Claims in England & Wales' by Andrew Cousins

FREE CHAPTER from 'A Practical Guide to the Compensation Recovery Unit and NHS Charges in Personal Injury Claims in England & Wales' by Andrew Cousins

11/10/20. The Compensation Recovery Unit provides a system whereby the Department for Work and Pensions may clawback a proportion of some of the damages awarded or agreed to be p...

Summary of Recent Cases, October 2020

Summary of Recent Cases, October 2020

15/10/20. 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 from ‘A Practical Guide to Clinical Negligence – 2nd Edition’ by Geoffrey Simpson-Scott

FREE CHAPTER from ‘A Practical Guide to Clinical Negligence – 2nd Edition’ by Geoffrey Simpson-Scott

09/10/20. Modern clinical negligence litigation remains complex. It requires the detailed and accurate assessment of the case; an understanding of many different areas of medicin...

Clinical Consent: Where Are We Now? - Ruwena Khan, Park Square Barristers

Clinical Consent: Where Are We Now? - Ruwena Khan, Park Square Barristers

1. 30/09/20. Clinical negligence litigation continues apace; the doctor-patient relationship ever-evolving, medical professional guidance adapting and incremental changes to the c...

The White Book must not be thrown out of the window! - Mark James, Temple Garden Chambers

The White Book must not be thrown out of the window! - Mark James, Temple Garden Chambers

23/09/20. Nearly 600,000 personal injury cases valued at less than £25,000 are commenced in the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (...

Summary of Recent Cases, September 2020

Summary of Recent Cases, September 2020

21/09/20. 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...

Section 33 of the Limitation Act 1980; Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk

Section 33 of the Limitation Act 1980; Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk

26/08/20. Under s.33 Limitation Act 1980, the court may disapply the limitation period in a personal injury claim if it is equitable to do so having regard to the prejudice to th...

Summary of Recent Cases, August 2020

Summary of Recent Cases, August 2020

15/08/20. 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...

Vicarious liability comes to a sudden stop - Sam Way, Devereux Chambers

Vicarious liability comes to a sudden stop - Sam Way, Devereux Chambers

20/07/20. A return to principle over policy in WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13

Introduction

In...

Summary of Recent Cases, July 2020

Summary of Recent Cases, July 2020

15/07/20. 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 and Set-Off: Court of Appeal finds for defendant but gives permission to appeal to the Supreme Court - Andrew Roy,12 King's Bench Walk

QOCS and Set-Off: Court of Appeal finds for defendant but gives permission to appeal to the Supreme Court - Andrew Roy,12 King's Bench Walk

12/07/20. In Ho v Adelekun (No. 2) 2020] EWCA Civ 517 the Court of Appeal confirmed that the QOCS regime did not preclude a defendant from setting off his or her costs against a cl...

High Court denies relief from sanctions - Louise Jackson, Browne Jacobson

High Court denies relief from sanctions - Louise Jackson, Browne Jacobson

20/06/20. In the recent case of  Magee v Willmott the Defendant successfully appealed a lower court decision to allow the Claimant relief from sanctions to rely upon expert ev...

Summary of Recent Cases, June 2020

Summary of Recent Cases, June 2020

15/06/20. 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...

Brain injury rehabilitation driven to crisis-point by perfect Covid-19 storm

Brain injury rehabilitation driven to crisis-point by perfect Covid-19 storm

11/06/20. Brain injury rehabilitation has been driven to crisis point by a perfect Covid-19 storm - destroying NHS capacity and devastating third sector funding, according to a ne...

Electronic signatures and the importance of knowing your expert - Simon Ross, Exchange Chambers

Electronic signatures and the importance of knowing your expert - Simon Ross, Exchange Chambers

17/05/20. On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally v...

FREE CHAPTER from 'A Practical Guide to Asbestos Claims' by Jonathan Owen & Gareth McAloon

FREE CHAPTER from 'A Practical Guide to Asbestos Claims' by Jonathan Owen & Gareth McAloon

This book is for the busy and new practitioner who is building their experience and expertise in asbestos claims. It is not written from the perspective of one side or the other...

PI Practitioner, December 2020

PI Practitioner, December 2020

 

16/12/20. 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...

Belsner v CAM Legal Services judgment raises more questions than answers - Ged Courtney, Kain Knight

Belsner v CAM Legal Services judgment raises more questions than answers - Ged Courtney, Kain Knight

05/12/20. On Friday 16th October 2020, the Court handed down an eagerly-awaited judgement for personal injury lawyers. It was hoped that the appeal in Belsner v CAM Legal Services...

PI Practitioner, November 2020

PI Practitioner, November 2020

16/11/20. 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 CHAPTER from 'A Practical Guide to Costs in Personal Injury Claims - 2nd Edition' by Matthew Hoe

FREE CHAPTER from 'A Practical Guide to Costs in Personal Injury Claims - 2nd Edition' by Matthew Hoe

10/11/20. It’s two decades since the CPR came in. Costs are now fixed; many of the problems with costs are fixed; but costs law is anything but simple. There is so much you need ...

Clinical Negligence Claims and the Myth of Defensive Medicine - Paul Sankey, Enable Law

Clinical Negligence Claims and the Myth of Defensive Medicine - Paul Sankey, Enable Law

21/10/20. Do claims for damages risk encouraging defensive medicine? Lord Justice Irwin thought so and described it as 'self-evident' in a 2017 Court of Appeal judgment [1] . In fa...

PI Practitioner, October 2020

PI Practitioner, October 2020

16/10/20. 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...

How will COVID-19 change the personal injury landscape? - Kelvin Farmaner, Trethowans LLP & David Wilson, Van Ameyde UK Limited

How will COVID-19 change the personal injury landscape? - Kelvin Farmaner, Trethowans LLP & David Wilson, Van Ameyde UK Limited

12/10/20. In the motor insurance space the headline news is that there has been a downward trend in terms of claims volumes.

Personal Injury

A downward trend is expected with milli...

FREE CHAPTER from ‘A Practical Guide to the Law of Medical Treatment Decisions’ by Ben Troke

FREE CHAPTER from ‘A Practical Guide to the Law of Medical Treatment Decisions’ by Ben Troke

Decisions about medical treatment can be about life and death, such as withdrawal of treatment or (not) providing CPR.  Or about quality of life, liberty and independence, ...

What is the test of breach of duty in pure diagnosis cases? - Paul Sankey, Enable Law

What is the test of breach of duty in pure diagnosis cases? - Paul Sankey, Enable Law

28/09/20. When it comes to treatment, the test of breach of duty is the Bolam test. A different test applies to providing information to patients since Montgomery v Lanarkshire H...

Medical Protection Society successful with fundamental dishonesty ruling - Louise Jackson, Browne Jacobson

Medical Protection Society successful with fundamental dishonesty ruling - Louise Jackson, Browne Jacobson

25/09/20. In Simpson v Payne , the Defendant Applicant (Defendant) was successful before His Honour Judge Murdoch in their application for a finding of fundamental dishonesty again...

PI Practitioner, September 2020

PI Practitioner, September 2020

22/09/20. 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...

What is a 'highway maintainable at public expense'? Court of Appeal clarifies the tests in Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696 - Sam Way, Devereux Chambers

What is a 'highway maintainable at public expense'? Court of Appeal clarifies the tests in Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696  - Sam Way, Devereux Chambers

28/08/20. The Court of Appeal has clarified the tests for identifying a highway maintainable at the public expense under the Highways Act 1980. In doing so, they unpack the requi...

Two Lacunas Too Big: Appeal Costs in Low Value Personal Injury Litigation - Vinesh Mistry, Barrister, DWF Advocacy Ltd

Two Lacunas Too Big: Appeal Costs in Low Value Personal Injury Litigation - Vinesh Mistry, Barrister, DWF Advocacy Ltd
  1. 27/08/20. In Wickes Building Supplies Limited v William Gerarde Blair (No. 2) (Costs) [2020] EWCA Civ 17 (" Blair ") it was agreed between the parties that the claimant to the substa...

How the Paralegal Sector can help PI law firms post Covid-19 - Amanda Hamilton, NALP

How the Paralegal Sector can help PI law firms post Covid-19 - Amanda Hamilton, NALP

25/08/20. Covid-19 and the subsequent lockdown has affected our personal lives in many ways. Professionally, it has also forced many PI law firms into hardship.

When the lockdown ...

PI Practitioner, August 2020

PI Practitioner, August 2020

16/08/20. 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...

Whittington Hospital NHS Trust v XX [2020] UKSC 14: Damages are recoverable for foreign commercial surrogacy arrangements - Sam Way, Devereux Chambers

Whittington Hospital NHS Trust v XX [2020] UKSC 14: Damages are recoverable for foreign commercial surrogacy arrangements - Sam Way, Devereux Chambers

03/08/20. The Supreme Court has reversed the decision of the Court of Appeal in in Briody v St Helens and Knowsley Areas Health Authority [2002] QB 856, and clarified the basis on ...

Case Summary: H v H - Helen Reynolds of Spencers Solicitors Limited

Case Summary: H v H - Helen Reynolds of Spencers Solicitors Limited

10/06/20. Case Name: H v H

Accident Date: 09/11/2015

Settlement Date: 08/10/2019

TOTAL GROSS SETTLEMENT: £100,000.00


Background


The Claimant brought an action against the Defendant fo...

PI Practitioner, July 2020

PI Practitioner, July 2020

16/07/20. 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...

Section 33 of the Limitation Act 1980: Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk

Section 33 of the Limitation Act 1980: Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk

03/07/20. Under s.33 Limitation Act 1980, the court may disapply the limitation period in a personal injury claim if it is equitable to do so having regard to the prejudice to th...