June 2015 #136 – Law Journals

Costs: The saga of Part 36 continues

Despite a long history, costs offers remain full of intricacies writes Paul Jones ‘The court accepted, in line with previous authorities, that Part 36 is generally to be considered as a self-contained code for determining costs but this did not usurp the general provisions in CPR 44.2 to make a partial costs order where appropriate …

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Compensation: CICA appeals: some practical points

Christian Taylor explains how to use the Criminal Injuries Compensation Scheme to get the best award for clients ‘Medical evidence is an extremely important factor… as well as pre-incident convictions/character and the extent to which treatment and support has been sought by the applicant since the incident.’The Criminal Injuries Compensation Scheme was enacted to provide …

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Psychiatric Injury: Taking a look at secondary victim claims ‘de Novo’

Charles Bagot analyses a quartet of new cases produced in the period since December 2014 ‘Some of the decisions in the 21 years between Alcock in 1992 and Taylor in 2013 are difficult to reconcile with one another and have made it harder to find a consistent thread through this line of cases.’ This article …

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Case Report: Foulds v Devon County Council [2015] 9/1/15 Lawtel

Public authority; duty of care; acts or omissions ‘Foulds is a useful reminder of the importance of analysing whether or not a case is, in essence, based on an omission, rather than a positive act, by a public authority.’HHJ Cotter QC followed the important line of legal authorities which significantly restrict the circumstances in which …

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Advocate’s Advice: Criminal Justice and Courts Act 2015

Bill Braithwaite QC examines whether provisions made to tackle fundamental dishonesty will be effective ‘Section 57 might not help that much in certain claims, because the difficulty is in working out which are fraudulent.’ Section 57 of the Criminal Justice and Courts Act 2015, which came into force on the 13 April (not April Fools’ …

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Costs In Issue: Issuing protective proceedings – a pre-emptive strike or friendly fire?

Shilpa Shah explains how withdrawing a premature case can still lead to a costs order ‘The case of Clydesdale Bank plc v Kinleigh Folkard & Hayward [2014] has firmly brought the risk of adverse cost consequences to mind and may have much wider ranging implications in personal injury cases in respect of claims which are …

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High-Value Damages: Managing chronic pain claims

Nina Goolamali advises on how to approach chronic pain cases ‘In order to litigate [chronic pain claims] effectively, advisors should obtain early and extensive disclosure, commit to front loading costs and select the expert team carefully in order to assess the evidential strengths and weaknesses at the first available opportunity.’ The 12th edition of the …

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Negotiations: Settlements and fundamental dishonesty

Stephanie Prior and Patricia Begley analyse how a claim can fail because parties have unintentionally made an agreement ‘This case clearly demonstrates, failure to be clear about the basis on which a settlement is “agreed” may result in one party (at least) being bound by a settlement that they may not have intended.’ Those of …

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