December 2015/January 2016 #141 – Law Journals

Abuse: Is vicarious liability really ‘on the move’?

James Counsell and Ben Bradley discuss the legal implications of the decision in A v The Trustees of the Watchtower Bible and Tract Society [2015] and some practical learning points arising from their involvement in the case ‘The duty of care in any safeguarding claim is likely to turn upon the issue of the assumption …

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Advocate’s Advice: Case planning

Bill Braithwaite sets out the optimum management of a catastrophic injury claim and the impact on recoverable costs ‘Unless the insurers are genuinely co-operating, it may be necessary to apply for an interim payment, which can involve very significant evidence; that may suggest a conference with counsel, half a dozen experts, several lay witness statements, …

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Compensation: Uninsured Drivers’ Agreement 2015

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A new motor insurance agreement has come into force after a government consultation. Andrew Baker reports on the implications ‘The new Uninsured Drivers’ Agreement is generally much simpler to understand, less cumbersome and will present much less of a potential minefield for the unwary claimant representative.’Since September 2014 there have been a series of significant …

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Costs: Clinical negligence costs: let battle commence

Paul Jones outlines a case where the claimants’ fees were challenged due to a disagreement over complexity and proportionality ‘The way in which the new proportionality regime is being applied is causing concern to many practitioners and this is a clear case in point.’Two of the recurring themes of the Jackson reforms are proportionality and …

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Causation Of Loss: A question of care

What are the implications of the reversal by the Court of Appeal of the decision in Reaney v University Hospital of North Staffordshire? Julian Matthews considers the ramifications ‘In relation to the issue of causation, the Master of the Rolls emphasised that the important issue was whether the nature of the care required absent the …

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Case Report: Stephen Horner (by his litigation friend Kirsty Askey) v Emma Jane Norman [2015] EWCA Civ 1055

Expert evidence; road traffic accident; motorist duties; accident mathematics ‘This case highlights the difficulties faced by a party who relies solely on accident reconstruction evidence in a road traffic case.’At approximately 6pm on 12 January 2010 the claimant, Mr Horner, was struck by the Miss Norman’s vehicle as he was crossing the westbound carriageway of …

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Injury At Work: Fault in the wound

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Peter Stewart highlights the important distinction between statutory negligence and strict liability following section 69 of the Enterprise and Regulatory Reform Act 2013 ‘Section 69 considers that it is no longer “just” for employers to be liable in the absence of fault. Justice, however, is a double-edged sword.’Under s69(3) Enterprise and Regulatory Reform Act 2013, …

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