July/August 2015 #137 – Law Journals

Human Rights: Section 57? Incompatible… as decided by the Supreme Court

Steven Akerman examines the conflict between the new striking out powers and the Human Rights Act, in part one of this article he looks at the legislation ‘There is already authoritative UK case law that has determined that the legislation is not compatible with the said human rights provisions.’ The full effect of the Jackson …

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Injuries Abroad: Local standards in package travel cases

Andrew Young reviews a case that highlights the importance of getting contextual evidence for accidents that occur on holiday ‘Those acting for claimants should consider carefully whether there was a known likely risk of an accident which would justify arguing that there was an evidential burden on the defendant to prove that the accident happened.’In …

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Clinical Negligence: Deputyship costs – why the ‘one size fits all approach’ does not work

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Christine Bunting looks at Robshaw v United Lincolnshire Hospitals NHS Trust which saw, what is believed to be, the highest ever clinical negligence award made at trial and outlines the specifics of the case and its implications ‘When it comes to calculating future deputyship costs, there is no such thing as a “typical” case.’When the …

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Inquests: It’s a prong story

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Andrew Bennetts sets out the issues surrounding the recovery of costs for coroner inquests ‘The issue of recovery of the costs of an inquest remain far from clear cut. What is not in dispute is that the costs of attending the inquest are recoverable.’The costs of an inquest within civil proceedings has long been an …

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Case Report: Nokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs)

Jackson reforms; additional liabilities; expert reports; factual evidence ‘Recovery of ATE premiums, where applicable, will in practice often be difficult to challenge. The evidential burden on the paying party will not easily be shifted.’ This case is the first reported decision on the recovery of additional liabilities taken out after the implementation of the Jackson …

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Stress: Being your own worst enemy

Liam Ryan highlights the need to clearly disclose mental health issues to an employer in stress at work claims ‘Considering the need for a risk assessment it was rightly held that this does not obviate the need for any psychiatric injury which could be suffered to be foreseeable.’Following the increasing volume of cases passing through …

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Civil Fraud: Exemplary damages: credit hire, fraud and QOCS

Patrick West analyses the latest cases and explores the future of the law’s oldest way of punishing wrong-doers ‘Qualified one way costs shifting (QOCS) is now affecting almost all personal injury cases coming before the courts.’ It was said by the Court of King’s Bench in Wilkes v Wood (1763): That the law never admits …

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Costs: Back to the future with CFAs

Paul Jones considers the arguments concerning the recoverability of success fees using retrospective agreements ‘The recoverability of success fees made conditional fee agreements exponentially more attractive to claimants and their solicitors but, as a result of their growth, they became more and more objectionable to defendants.’Conditional fee agreements (CFAs) may very well go down in …

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