Archive for May, 2011

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

Interest Davies v Inman [1999] PIQR Q26 That Court of Appeal set out that, save in a case where there are special reasons not to, there is a ‘presumption that interest is to be awarded on compensation arising from personal injuries’. Headford v Bristol and District Health Authority [1995] PIQR] P180 The court that determines […]

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

Summary of Recent Cases – Civil Procedure

An application to stay a personal injury action on the basis that England was not the most appropriate forum was refused. Anthony Harty v (1) Sabre International Security Ltd (Formerly SIS Iraq Ltd) (2) Sabre International Security Ltd, QBD, 05/04/11 The court refused an application that the Claimant’s case be stayed in England on the […]

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

Summary of Recent Cases – Civil Procedure

An application for committal for contempt was refused where it could not be proved to the required criminal standard that the Claimant had deliberately and dishonestly presented a fraudulent claim Bruce Samuel Montgomery v Carl Brown, QBD, 8/4/11 The applicant applied for the committal of the respondent for contempt of court on the basis that […]

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

Summary of Recent Cases – Substantive Law

Professional and Clinical Negligence Assessment Of Damages In Professional Negligence Claim Where Solicitors Exceeded Clients’ Authority In Group Litigation Case Amalgamated Metal Corporation Plc v. Wragge & Co (A Firm) & Anor, QBD, 8/4/11 Steel J held that that the defendant solicitor firm had been negligent in concluding settlement on behalf of the claimant without […]

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

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Parent Company Held To Owe Duty Of Care To Employee Of Subsidiary Company Chandler v, Cape Plc, QBD, 14/4/11 Williams J held, on the facts of the instant case, that the defendant company owed a duty of care to an employee of its wholly owned subsidiary company. The claimant employee […]

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

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Court Of Appeal Considered Extent Of Employer’s Liability For Injury Sustained By Employee In A Second Accident Whilst Intoxicated Dalling v, R J Heale & Co Ltd, CA, 5/4/11 The Court of Appeal upheld the trial judge’s decision that the appellant employer was two-thirds responsible for further head injuries sustained […]

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

Industry News

Clarke announces reforms, attacks ‘no win, no fee’… Daily Mail …causing poll to find that PI solicitors will cut their use of CFAs… Insurance Medical Group Supreme Court holds that expert witnesses do not have immunity from suit… Independent Insurers overturn Court of Appeal deafness ruling… Post Online Supreme Court ruling could lead to increase […]

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