Archive for October, 2012

Summary of Recent Cases – Costs

A child was entitled to have costs arising from a settled claim for damages under the fixed costs regime as the claim had not been plainly less that £1,000 when submitted George Henley Bromley (A Child by his Litigation Friend Samantha Bromley) v G Hewson CC (Medway), DJ Gill, 06/09/12 It was held that paragraph […]

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

Personal Injury Articles

Patrick Joseph Hannon v Hillingdon Homes Ltd (2012): Liability for Defective Premises – Flora Wood, Partner, Ashfords Solicitors  In the recent case of Patrick Joseph Hannon v Hillingdon Homes Ltd the High Court found in favour of the Claimant in respect of the serious injury to his ankle he sustained after falling on an open […]

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

Need Some Legal Advice on Employment Law?

Taking on new employees can be a complex and time consuming process for businesses. In addition to finding the right candidate for the role, strict guidelines must be followed both during the recruitment process and when managing staff. Although complex, employment legislation aims to strike a balance between allowing a business to operate effectively and […]

October 22, 2012 · Editorial Team · Comments Closed
Posted in: News

Personal Injury Articles

Relief from sanctions: the trend every litigator needs to know about – Sarah Prager, 1 Chancery Lane  Sarah Prager discusses a growing trend for judges in the higher and lower courts to refuse to grant relief from sanctions; and asks where we go from here. Abuse of Process – Michael Brace, Civitas Law  With an […]

October 19, 2012 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Substantive Law

Mutua and others v Foreign and Commonwealth Office [2012] All ER (D) 48 (Oct), [2012] EWHC 2678 (QB). The Claimants were all deliberately injured while in detention in Kenya between 1954 and 1959, before Kenyan independence in 1963. The claimants suffered physical injuries of the most serious kind. The injuries were inflicted by officers of […]

October 16, 2012 · Editorial Team · Comments Closed
Posted in: News

Industry News

ABI launches Insurance Fraud Register… Law Society Gazette Scottish Government consulting on no fault compensation for medical injuries… The Scottish Government Ministry of Justice proposes tougher rules for claims management firms… BBC Police seize millionth uninsured vehicle… Telegraph

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

Industry News

Court of Appeal reopens decision on 10% general damages uplift… Litigation Futures OFT refers UK insurance marker to Competition Commission… Guardian Ministry of Justice indicates that raising the Small Claims PI limit is not yet a ‘done deal’… Litigation Futures

October 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.

Costs consequences of fraudulent or exaggerated claims Ul-Haq & Others v Shah [2009] EWCA Civ 542, CA In this case the Court of the Appeal considered the question whether the genuine part of a claimant’s claim could be struck out by reason collateral dishonesty. Delivering the leading judgement, Smith LJ noted that “[the judge] can mark […]

October 4, 2012 · Editorial Team · Comments Closed
Posted in: News

Sponsored post: Pressure is No Excuse for Negligence

Medical negligence is all too often seen in modern medicine, with professionals who are under pressure taking risks which put their patients in danger of injury or worse. Reading the news this week I came across the case of a surgeon from Scarborough who has had his already lengthy suspension for negligence extended. Nayef El-Barghouty, […]

October 1, 2012 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Civil Procedure

An application for strike out or alternatively summary judgment was refused as there could be no determination of the issues without a resolution of the factual disputes Symon Petrou v (1) Marcio Bertoncello (2) James Dell (3) Gary Cooper (Second and Third Defendants on behalf of themselves and all other members as at 10.01.09 of […]

October 1, 2012 · Editorial Team · Comments Closed
Posted in: News