Archive for January, 2011

PI Practitioner – each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area

Award of Aggravated and Exemplary Damages Thompson v Commissioner of Police for the Metropolis [1998] 1 QB 498 Aggravated Damages – Award Aggravating damages can be awarded where there are aggravating features about a case which would lead to the claimant not receiving sufficient compensation for injury suffered if the award of damages were restricted […]

January 28, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

A Master Was Entitled To Have Allowed Claimants to Amend Their Particulars Of Claim Mario Alberto Tabra Guerrero & 30 Ors v Monterrico Metals PLC: Menandro Neyra Caucha & Anor v Monterrico Metals Plc & Anor, QBD, 15/12/10 HHJ Tugendhat held that a Master had been entitled to allow Claimants in an action for false […]

January 25, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Costs

The Untraced Drivers’ Agreement 2003 Did Not Failed to Adequately Implement Art. 1(4) Of The Second Motor Insurance Directive Carswell v Secretary of State for Transport and the Motor Insurers Bureau, QBD, 9/12/10 Hickinbottom J, in dismissing the Claimant’s claim for Francovich Damages, held that the Untraced Drivers’ Agreement 2003 did not fail to adequately […]

January 22, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

Professional and Clinical Negligence Wrong In Law And Principle To Make Unsupported Allegations Of Professional Negligence Pantelli Associates Ltd v. Corporate City Developments Number Two Ltd, QBD (TCC), 2/12/10 Toulson J held that it was wrong in law and practice to make unsupported allegations of professional negligence. As such, Toulson J struck out proposed amendments […]

January 19, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Whether Degree Of Risk Of Activity Acceptable Is A Question Of Judgment, Degree And Fact Scout Association v. Barnes, CA, 21/12/10 The Court of Appeal held that in determining whether the social value of an activity was such that it carried an acceptable degree of risk was a question of […]

January 16, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Duty Under Section 41 Of The Highways Act 1980 Did Not Extend To Removing Surface-Lying Materials From Highway Valentine v. (1) Transport for London (2) Hounslow London Borough Council, CA, 7/12/10 The Court of Appeal held that the duty owed by a highway authority under s. 41 of the Highways […]

January 13, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Bar Council calls for prohibition of referral fees… Bar Council ASA says government should not rush to amend PI advertising rules… Law Society Gazette Lord Sugar attacks claims managers… Masthaven Access to Justice Action Group launched… Access to Justice Action Group ’Toxic Sofa’ class action settled… Yorkshire Post

January 10, 2011 · Editorial Team · Comments Closed
Posted in: News