Archive for March, 2012

Summary of Recent Cases – Costs

Counsel’s fees not recoverable in infant claims where there was no complexity and the damages for personal injury would have ordinarily kept them within the small claims track on account of their value (1) Corby Dockerill (By his Mother and Litigation Friend Zoe Dockerill (2) Demi Healey (By her Mother and Litigation Friend Zoe Dockerill) […]

March 27, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE Claimant Failed To Establish Negligent Cause Of Brain Damage At Birth Ludwig v. (1) Oxford Radcliffe Hospitals NHS Trust (2) Gloucestershire Hospitals NHS Foundation Trust, QBD, 02/02/12 Holroyde J dismissed the Claimant’s claim for damages for alleged professional negligence against the Defendants. It was alleged that […]

March 23, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES Assessment Of Damages For Pain, Suffering And Loss of Amenity For Mesothelioma Ball v. Secretary of State For Energy and Climate Change, QBD, 10/02/12 Swift J was required to assess damages for pain, suffering and loss of amenity in respect of the 92 year old Claimant who had contracted mesothelioma following exposure to asbestos […]

March 19, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Consideration of Local Authority’s Duty Of Care To Claimant Who Had Crossed Road From Its Land And A Gap In The Fence Armstrong v. (1) Keepmoat Homes Ltd (2) Northumberland County Council (3) Blyth Valley Borough Council, QBD (Newcastle), 03/02/12 HHJ Simon Wood (sitting as a Deputy High Court Judge) […]

March 16, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Jackson LJ urges national rollout of provisional assessment pilot… Local Government Lawyer First example of PLC buying a law firm under new ABS rules… New Law Journal Ministry of Justice publishes consultation response on extension and expansion of RTA Claims Protocol… Nationwide Claims Solutions Justice Minister rejects ‘third party capture’ ban… Law Society Gazette

March 13, 2012 · Editorial Team · Comments Closed
Posted in: News

Industry News

Implementation of Jackson reforms deferred until April 2013… Law Society Gazette Cameron criticises ‘compensation culture’ and ‘whiplash epidemic’… Sky News …although PM himself criticized for failing to allow victims to be represented at the summit… Guardian

March 10, 2012 · 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

The rescue as novus actus interveniens – liability of the original tortfeasor • Knightly v Johns & Ors [1982] 1 WLR 349 – a policeman (D3) was called to the scene of an accident in a tunnel, which had been caused by negligent driving of D1. He realised that he had not closed the mouth […]

March 4, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

Failure of the court to deal adequately with expert evidence when an expert comments on areas outside of his appointment Peter Annison v Paul Nolan [2012] EWCA Civ 54, 31/01/12 The Court held there would need to remit a claim for maintenance and repairs for a re-trial after a judge had failed to adequately deal […]

March 1, 2012 · Editorial Team · Comments Closed
Posted in: Cases