Archive for December, 2011

Summary of Recent Cases – Costs

A success fee of 100% was unreasonable when judgment on liability had already been entered in favour of the Claimant Arlene Fortune v Jonathan Roe (2011), [2011], EWHC 2953 (QB), 10/11/11 A success fee of 100% was unreasonable where judgement had already been entered as the main risks to the litigation had gone. Non-recovery of […]

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

Summary of Recent Cases – Substantive Law

SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE Causation Not Established In Case Where Hospital Failed To Diagnose And Treat Cauda Equina Syndrome Upon Patient’s Admission Into Hospital Hussain v. Bradford Teaching Hospital NHS Foundation Trust & Anor, QBD (Bradford), 10/11/11 Coulson J dismissed the claimant’s claim for damages against the defendant NHS trustᅰs […]

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

Summary of Recent Cases – Substantive Law

DAMAGES Court Of Appeal Held Judge Entitled To Adopt Acceleration Approach To Assessment Of Damages Where Conflicting Medical Evidence As To Future Effects Of A Pre-Existing Condition Smithurst v. Sealant Construction Services Ltd, CA, 03/11/11 The Court of Appeal held that the judge had been entitled to adopt an acceleration approach as to the assessment […]

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

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS A Motorist That Broke Sharply For No Good Reason 40% Responsible For Rear-End Collision That Ensued Ali v. D’Brass, CA, 23/11/11 The Court of Appeal held that the trial judge had erred in dismissing the claimant’s personal injury claim on grounds that the although the defendant had been driving too […]

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

Industry News

Claims Standards Council threatens judicial review over referral fee ban… Claims Standards Council …whereas Kennedys warn of loophole in proposed ban … Kennedys ¾ of healthcare professionals believe that the whiplash compensation system is open to fraud… Insurance Medical Group ‘Solicitors from Hell’ web-site shut down… Telegraph

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

Industry News

Jackson stresses that lawyers must embrace his reforms… Law Society Gazette …whilst economists estimate that the reforms will cost £70m per annum… Law Society Gazette APIL warns that PI reforms could leave claims management companies dealing with complex cases… New Law Journal

December 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

Psychiatric injury in the workplace – claims in contract Where psychiatric injury was caused by the manner of the Claimant’s dismissal • In the case of Johnson v Unisys [2001] UKHL 13, [2003] 1 AC 518 the House of Lords found that there was no action in common law available to an employee seeking to […]

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

Summary of Recent Cases – Civil Procedure

Relatives of A Claimant in Contempt of Court for Attempting to Bolster a PI Claim On the Issue of Mobility Brighton & Hove Bus & Stage Coach Ltd v (1) Sheridan Brooks (2) Merihan Tadrous (3) Nabil Tadrous [2011], EWHC 2504 (Admin) 14/10/11 The applicant insurer sought to have the Claimant’s two daughters and husband […]

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