October 2019 #179 – Law Journals

Package travel litigation: Making reference

Katherine Deal QC reports on the first case where the Supreme Court has considered a claim under the Package Travel Regulations, which has resulted in a reference to the Court of Justice of the European Union (CJEU) ‘The Supreme Court has asked the CJEU to proceed on the assumption that in guiding X to reception, …

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Airline passenger claims: ‘Accident’ in the Montreal Convention 1999

Michael Dougherty looks at a recent case involving a slip on airline steps that clarifies the circumstances in which the definition of ‘accident’ is met ‘The principal question for the court was whether the circumstances giving rise to the injury were capable of comprising an accident within the meaning of Art 17.’ A slip and …

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Motor insurance: The death of a declaration

Richard Viney considers the practical effects of the Motor Vehicles Regulations 2019 ‘Even if an insurer did not want to avoid its own liabilities there was often little option but to do so in order to avoid being left with the entire liability for a claim, as other insurers involved avoided their own polices.’ In …

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Part 36: Pick and choose

Can a court award some but not all of the Part 36 consequences under CPR r36.17(4)? Harriet Wakeman discusses ‘On behalf of the defendant it was argued that the court had to approach the question of whether it was “unjust” to make the order separately in relation to each one of the four consequences, and …

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Costs: Part 36 genuine offers

Paul Jones reviews where the line is drawn between tactical and valid offers to settle ‘It was the defendant’s position that the claimant’s offer did not contain a genuine element of concession as it still included a claim for costs which negated any concession in relation to damages.’ The 78th update to the CPR in …

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Pre-action admissions: Applications to withdraw

Kieran Coleman advises on the prospects of success, prejudice and the administration of justice ‘In considering the matter afresh, the court noted there was no specific evidence from the claimant as to the prejudice he would suffer as a result of the withdrawal.’ Practitioners will be aware of the matters a court is to have …

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Infant approval hearings: Seven top tips

Jonathan Holsgrove provides practical advice on how to achieve the courts’ approval ‘Some courts may require further information to be filed before a hearing or for documents to be bought to the hearing, such as the CFO320 or applications relating to change of name. Make sure any such directions have been complied with.’ When I …

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Case report: Dodds v Arif [2019] EWHC 1512 (QB)

Life expectancy evidence; Ogden tables; medical experts ‘Most expert doctors are by nature not shy of giving an opinion if asked – but dig below the surface and most if not all will say that they will have to consult the statistics.’ In the case of Dodds v Arif [2019] Master Davison reviewed the principles …

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Brain injury claims: Rehabilitation after catastrophic and severe brain injury

Pankaj Madan examines the importance and types of rehabilitation available after brain injuries ‘Recovery from brain injury is not necessarily a linear and steadily improving process.’ In this article I will examine the issues surrounding rehabilitation in catastrophic brain injury claims and how it can be sensibly and cost-effectively managed. I will look at the …

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