July/August 2017 #157 – Law Journals

Costs: The Four Hundred Club

Paul Jones reviews if a defendant can be reimbursed for payments which are now unnecessary after a change in the RTA protocol ‘The underlying objective of the RTA protocol was that solicitors would receive payment for the work done during each stage, independently of the final outcome of the matter.’During the Peloponnesian War between Athens …

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Case Report: Prescott v Trustees of the Pencarrow 2012 Maintenance Fund (2017) unreported, Plymouth County Court, District Judge Richards, 12 June

Fixed costs regime; road traffic accident; non-road user; pre-action protocols; public liability claims, simple fast-track claims ‘The claim was straightforward and low value. The costs should be proportionate and the court’s time allotted to this matter limited.’ This decision provides important clarification as to the scope of the fixed costs regime (FCR) at CPR Part …

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Evidential Issues: Asbestos-related lung cancer claims

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Rushmi Sethi considers contributory negligence in lung cancer claims in mostly asbestos-exposed smokers ‘For a defendant facing a claim for damages arising from asbestosis or other lung diseases, the effects of smoking is an important factor to investigate and consider when arguing for a reduction towards their financial liability.’ The inhalation of asbestos dust and …

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Fire Safety: The devolutionary perspective

Following the Grenfell tower block disaster Theo Huckle QC examines differing legal provisions for fire safety and considers what lessons can be learnt ‘It may well be that such tragedies can be avoided in future by steps to require the installation of suppression systems when building and upgrading buildings, irrespective of the flammability of the …

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Psychiatric Injury: Victims of circumstance

Liam Ryan reports on claims by rescuers and secondary victims, and assesses the need for law reform ‘Is it not time to at least consider if people who provide more than “trivial or peripheral assistance” in the wake of a disaster should also be classed as rescuers in a new, and wider, concept?’ In recent …

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Damages: Duty of care

Anna Macey evaluates the balance between patient confidentiality and the prevention of harm ‘The mother’s claim was that her father’s medical practitioners had a duty of care to her, and her child, and ought to have informed her at any earlier opportunity of the likelihood of her father’s diagnosis.’ In the sad case of ABC …

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Motor Insurance Fraud: The ‘trial mindset’

Brian McCluggage argues for a greater focus on trial preparation in motor fraud cases ‘In the motor fraud context litigants need to get it right first time. The fact “fraud” is involved does not notably increase the willingness of the appellate courts to interfere with judgments perceived as unfair.’ This short article developed out of …

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Illegality: Does Patel v Mirza apply in tort?

James Goudkamp explores whether the Supreme Court’s policy-based approach to the illegality doctrine will be followed in tort cases ‘An important question that arises, and one that was not answered by the Supreme Court, is whether Patel applies beyond the field of unjust enrichment.’ The Supreme Court recently handed down judgment in the appeal in …

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