April 2014 #124 – Law Journals

Occupiers Liability: Voluntary risk

In the first of a two part article Christopher Jessel analyses the difficult issues which arise when pursuing injury claims which occurred on recreational land ‘The rules for occupiers’ liability can apply differently to open spaces used for recreation from the way they do to enclosed premises such as buildings, especially where access is not …

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Advocate’s Advice: Plan for life

Bill Braithwaite QC considers the need for financial planning at an early stage in catastrophic injury ‘Many clients find it difficult to contemplate looking so far into the future but lawyers always deal with these issues on the balance of probabilities.’When I started in silk, over 20 years ago, life care planning was developing in …

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Costs: Trigger happy

Paul Jones advises when it is appropriate to issue costs-only proceedings ‘In Knowles v Goldborn, the court concluded that the claimant had failed to make any real or genuine attempt to agree settlement of the claimant’s costs and, therefore, the issue of costs only proceedings was premature.’ Any practitioner who deals with costs will almost …

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Capacity: Test of capacity to conduct proceedings

Deirdre Goodwin provides analysis and considers the effect of a finding of incapacity to conduct proceedings upon the status of settlements not approved under CPR r21 ‘The re-assertion of the principle that an apparently fully informed and properly advised settlement will be treated as void if a claimant is retrospectively considered to be a protected …

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Case Report: DSD, NBV v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB)

Assault; Human Rights Act 1998; police investigation ‘The question for the learned judge to decide was whether, in a case where the police themselves were not culpable for the actual violence perpetrated, the Human Rights Act 1998 imposed a duty for failing to investigate.’ The case involved claims for declarations and damages by two of …

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Quantum: Maximising damages in brain injury cases

Nigel Cooksley QC and Rosalie Snocken identify the problem areas and advise against settling too early ‘If funds can be made available then do not “make do”. Even if there is a compromise on liability due to litigation risk or contributory negligence, obtain an interim payment, engage a case manager and put into effect the …

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