Archive for March, 2011

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

Causation in cases of multiple tortfeasors/sources of damage Baker v Willoughby [1970] AC 467 The Claimant’s leg was injured as the result of tortious action of one defendant which caused him a loss of earnings. Subsequently, he was shot in the same leg and the leg had to be amputated in consequence. The House of […]

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

Summary of Recent Cases – Civil Procedure

Court Disapplys Section 11 Limitation Period in Sexual Abuse Claim EB v John Haughton, QBD, 17/02/11 The court exercised its discretion to disapply the Section 11 limitation period pursuant to Section 33 of the Limitation Act 1980. The assessment of the claimant’s recollection as against the defendant would not be central to whether she established […]

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

Summary of Recent Cases – Costs

Court upholds restricting multi-track costs to assessment on fast track basis Katherine Morgan v The Spirit Group Limited CA, 02/02/11 The CA overturned in part the decision of the trial judge summarily assessing costs of £25,000 be paid by the defendant on the basis of a costs schedule of c £99,000. The claimant had succeed […]

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

Summary of Recent Cases – Substantive Law

Professional and Clinical Negligence Health Authority Not Liable For Personal Injuries Sustained In Open Heart Surgery Mugweni v. NHS London (Formerly South East London Strategic Health Authority), QBD, 23/2/11 Langstaff J held that the Defendant health authority was not liable in negligence in respect of personal injuries sustained by the Claimant following open heart surgery […]

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

Summary of Recent Cases – Substantive Law

DAMAGES Consideration Of Future Loss Of Earnings Based On Prospects Of Setting Up New Business XYZ v. Portsmouth Hospitals NHS Trust, QBD, 14/2/11 Spencer J was required to consider the appropriate measure of future loss of earnings in a case of clinical negligence where the Claimant had donated a kidney to his father but the […]

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

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Employers’ Duty To Carry Out Risk Assessment Non-Delegable But Capable Of Compliance By Satisfaction Contractor Has Carried Out Thorough Risk Assessment Uren v. (1) Corporate Leisure (UK) Ltd (2) Ministry of Defence, CA, 2/2/11 The Court of Appeal held that an employer’s duty to undertake a risk assessment in respect […]

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

Industry News

APIL urges government to give RTA claims portal a chance… Law Society Gazette Leading QC tells APIL that Jackson review could breach European Law… Solicitors Journal Access to Justice Action Group publishes response to Jackson… Access to Justice Action Group Court of Appeal upholds CFA costs agreement… Claims Standards Council Legal Executive numbers set to […]

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