October 2013 #119 – Law Journals

Procedural Reform: Insurers cry Woolf?

Andrew Morgan , who specialises in asbestos claims, looks at the hidden cost of the recent reforms ‘So the outcome of the Mesothelioma Bill is not yet assured, but how wonderful that insurers will no longer have to pay success fees in successful claims. Perhaps.’The insurance industry can be forgiven for looking like the fat …

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Accidents Abroad: Damage v Damages

Georgia Hicks discusses Stylianou v Suncorp and Rome II the Applicable Law in International Personal Injury Law ‘Providing a more manifest connection can be established with the victim’s home country than the country of the accident, claimants may be able to apply their own domestic law.’ The recent case of Stylianou v Toyoshima [2013] has …

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Costs: That’s not fair

Paul Jones reviews the approach of the court to a qualified one-way costs shifting agreement ‘The recent case of Vava v Anglo American Africa Ltd [2013], while based on the old law, gives an interesting perspective on the whole issue of one way costs shifting, particularly in large personal injury claims.’Qualified one-way costs shifting (QOCS) …

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Loss Of Use: Quantifying general damages

Anna Macey considers the lessons to be learnt from West Midlands Travel Ltd v Aviva Insurance UK Ltd ‘It is well established that the owner of a chattel who is unable to establish a claim for special damages is entitled to recover general damages for loss of use. The dispute was therefore not whether general …

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Psychiatric Injury: ‘Nervous shock’ – where are we now?

Andrew Hogarth QC analyses the recent approach of the courts to compensate primary and secondary victims ‘The acceptance by courts that some unmeritorious primary victims can succeed has led inevitably to a desire to ensure that secondary victims who are considered by the trial judge to be meritorious will succeed.’ Most would agree that the …

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Case Report: Baker v Hallam Estates Ltd [2013] EWHC 2668

Relief from sanctions; CPR 3.9; overriding objective ‘There is now much greater emphasis on compliance in all areas of the court’s affairs in each division. Procedural rules and time limits are not advisory. They demand compliance.’ Practitioners have had to adapt to a multiplicity of reforms to the civil litigation system over the past six …

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Property Claims: Personal injury claims against landlords

In the concluding part of their two-part article Jonathan Mitchell and Georgina Cursham examine the issues that arise with accidents on demised premises ‘Any potential claim or defence against a landlord will require careful consideration of the tenancy agreement.’ In last month’s article we considered the liability of landlords at common law and under statute. …

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