Archive for August, 2011

Summary of Recent Cases – Costs

A C was awarded his costs in full where he had recovered more than the amount offered by the D. Even though he had exaggerated his claim, his conduct was not in the circumstances, such as to justify a departure from the general rule that the unsuccessful party should pay the costs of the action.  […]

August 27, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE Court Required To Make Preliminary Finding Of Fact As To What Occurred During A Consultation With GP About A Growth In The Groin Doona v. Matha, QBD, 8/7/11 Upon the trial of a preliminary issue of fact in a clinical negligence action, Mackay J was required […]

August 23, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES Consideration Of The Application Of The Cancellation Of Contracts Made In a Consumer’s Home Or Place Of Work Etc. Regulations 2008 In An Assessment Of A Claim For Credit Hire Charges Of  £138,000 W  v.  Veolia Environmental Services (UK) Plc, QBD, 27/07/11 In assessing the amount of damages recoverable in a claim for credit […]

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

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS An Employee Participating In A Cycling Race Organised By His Employers Was Not Participating In The Course Of His Employment Within The Meaning Of Health And Safety Legislation Reynolds v, Strutt & Parker LLP, QBD, 15/07/11 HHJ Oliver-Jones QC (sitting as a deputy judge of the High Court) held that […]

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

Industry News

… but Government insists that it will not make a ‘knee jerk’ reaction… Claims Standards Council AXA acts unilaterally and drops referral fees… Financial Times Insurance more expensive in Northern Ireland… BBC

August 13, 2011 · Editorial Team · Comments Closed
Posted in: News

Industry News

Government pledges to tackle compensation culture… BBC Lawyers back Jack Straw’s call to ban referral fees… The Lawyer Law Society urges Ken Clarke to ban such fees… Law Society Gazette

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

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

Payment of damages where long-term outlook for Claimant uncertain Jamie-Rae Cook (by her litigation friend & mother Karen Cook) v (1) David Andrew Cook (2) Elizabeth Harriet Walker (2011) [2011] EWHC 1638 (QB) In a claim where the long term outlook for the Claimant at the date of the trial was uncertain and speculative, Eady […]

August 4, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

Where the long-term outcome for a 10-year-old claimant was uncertain and speculative, the assessment of damages was to be completed on a staged basis Jamie-Rae Cook (By her litigation friend & Mother Karen Cook) v (1) David Andrew Cook (2) Elizabeth Harriet Walker (2011), QBD, 28/06/11 It was the normal rule, and desirable practice, that […]

August 1, 2011 · Editorial Team · Comments Closed
Posted in: Cases