This category can only be viewed by members.
Peter Houghton considers the consequences of implementing The Jackson Report’s recommendation Sir Rupert felt the increase would ensure that claimants were properly compensated for their injuries and that their damages were not unduly eroded by legal fees.Unlike the assessment of damages for loss of future earnings, which has been bedevilled by the publication of Ogden …
Continue reading "Reform: General damages on the up – Simmons v Castle"
This post is only available to members.
Bill Braithwaite QC examines the problems that can arise with Roberts v Johnstone calculations and potential solutions Both the Law Commission and the Civil Justice Council have expressed concerns about the Roberts v Johnstone formula. There seems to be quite a lot of discussion at the moment about accommodation claims, and the formula we all …
Continue reading "PI Blog: Advocate’s advice"
This post is only available to members.
Suzanne Farg and Verity Danziger discuss the hurdles to overcome to establish a claim The importance of factual and expert industry evidence cannot be underestimated and, in this case, the quality of the factual evidence was vital in allowing the claimant to bring his loss of earnings claim fully. The method by which the courts …
Continue reading "Burden Of Proof: Loss of chance"
This post is only available to members.
A sign of movement in the discount rate saga takes the form of a Consultation Paper, inviting those with an interest in personal injury claims to respond by 23 October 2012. Andrew Sands and Nick Leech analyse the dual approach that the Consultation appears to be taking. If the methodology is changed to considering returns …
Continue reading "The Discount Rate: Damages"
This post is only available to members.
Richard Scorer and Malcom Johnson consider insurers’ liability for sexual assaults in a motor vehicle The term ‘arising out of’ still excludes the use of the vehicle being causally concomitant but not causally connected with the act in question. Could sexual assaults/abuse taking place in a motor vehicle lead to a damages claim that would …
Continue reading "The Extent Of Insurance Cover: The ‘wrong’ type of use"
This post is only available to members.
Paul Jones looks at the latest case concerning Part 36 offers The defendant’s case was that there was no reason to depart from the normal rule and, in particular, to apply the normal rule would not be unjust in all the circumstances. Of all the provision of the Civil Procedure Rules, CPR 36 has generated …
Continue reading "Costs: Reversing the normal rule in CPR 36"
This post is only available to members.
Paul Jones discusses fixed success fees ‘The key issue, so held the judge, was that there was no express definition of a disease with CPR 45.23. In the absence of a particular definition, the court could only interpret disease within the ordinary meaning of that word.’ Fixed success fees have resulted in far fewer cases …
Continue reading "Costs: When is a disease not a disease?"
This post is only available to members.
Liability; manual handling accidents ‘The reasoning of this case provides encouraging reading for claimants and their advisers and dispiriting reading for defendants and theirs.’ This case provides a telling illustration of the stringency of the Manual Handling (Operations) Regulations 1992 and the evidential difficulties that a defendant is likely to face rebutting liability under such …
Continue reading "Case Report: Ghaith v Indesit Company UK Ltd [2012] EWCA Civ 642"
This post is only available to members.
David Regan considers the basis of awards and common pitfalls ‘The Fatal Accidents Act 1976 serves a very important purpose: to protect the rights of dependants who are the secondary victims of torts that have resulted in death.’ The opening line of LP Hartley’s The Go-Between (1953), ‘The past is a foreign country, they do …
Continue reading "Fatal Accident Claims: The past is a foreign country"
This post is only available to members.
Philip Davy sets out an overview of costs at Stages 1, 2 and 3 of the Pre-Action Protocol for Low-Value Personal Injury Claims in Road Traffic Accidents ‘Increasingly, both parties see an oral hearing as providing a better opportunity to influence the judge’s decision on quantum.’Personal injury practitioners are becoming increasingly familiar with the Pre-Action …
Continue reading "RTAs: Costs in MoJ protocol cases"
This post is only available to members.
