October 2016 #149 – Law Journals

Case Report: Scott v Gavigan [2016] EWCA Civ 544

Road traffic accident; foreseeability; breach of duty; Highway Code ‘The issue for the Court of Appeal was whether the recorder was wrong to find the claimant wholly to blame for the accident.’Valley Road in Streatham is long and straight, largely residential in character albeit with some commercial premises on it, and it bears a speed …

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Negligence: Causation of loss

Julian Matthews explores a defendant’s liability when there are multiple causes of a given loss ‘While this basis of approach makes clear logical sense, and appears to be wholly in line with the approach of the Court of Appeal, there are significant concerns that the practical working of the approach will result in significant injustice.’ …

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Advocate’s Advice: Neutral benefit

Bill Braithwaite analyses the Rehabilitation Code 2015 and provides practical tips on how to approach its adoption for both low value and catastrophic claims ‘Defendants need to be mindful of the impact of the Code on these low-value claims. They may need to confirm or refuse funding for the proposed rehabilitation within the period for …

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Consumer Protection Legislation: Fit for purpose

The Consumer Rights Act 2015 has updated the law for consumer protection, and liability in personal injury claims. Justin Valentine reports ‘The Consumer Rights Act 2015 treats consumer notices, an announcement or other communication intended to be read by a consumer (for example on a website), as broadly equivalent to terms.’ The Consumer Rights Act …

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Infant Approvals: Young at court

Clive Thomas explains how success fees and ATE premiums are calculated ‘CPR 21.12 (7) provides that the amount deducted for the success fee and the ATE premium shall not exceed 25% of the agreed damages for PSLA and past pecuniary loss net of any CRU deductions. This has led to a situation where the courts …

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Periodical Payment Orders: A lack of security

Nick Leech and Andrew Sands consider ‘the Brexit Effect’ on compensation schemes ‘MIB cases per se and pre 2004 Lloyds Syndicate cases can be considered reasonably secure on account of the Thacker decision. However, that is now open to question in the light of Brexit.’ Brexit is taking the blame for much that is negative …

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Costs: Sharp turns

Paul Jones discusses the contentious world of CFA assignment ‘The assignment was valid in this case and, therefore, costs were payable by the defendant for the work done by each of the claimant’s solicitors.’Assignment of conditional fee agreements (CFAs) continues to be a thorny topic in the costs world. With the changes in the personal …

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Proportionality: Under Pressure; the new test begins to bite

James Laughland highlights the case of Dr Brian May & Anita May v Wavell Group Plc & Dr Bizarri ‘Much more thought must now be given at the costs management stage to considering what would be the proportionate costs to incur.’ In Dr Brian May & Anita May v Wavell Group Plc & Dr Bizarri …

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