Archive for November, 2012

Summary of Recent Cases – Costs

Court awards 80% costs of a strike-out application withdrawn on the day of the hearing Colthurst v Myers, QBD, 25/10/12 It was held that it was right that the costs situation was not the same as if the Defendant had pursued its application and won. Without hearing argument on the substantive claim and dealing with […]

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

Why You Should Find a Personal Injury Solicitor

We all take the utmost care to avoid injuries in our personal life and working life – after all, no-one actively tries to injure themselves. But sometimes, accidents do happen – and they tend to happen at the most inconvenient of times. If you believe that you are entitled to claim compensation, you’ll find that […]

November 23, 2012 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Substantive Law

Patterson v Ministry of Defence [2012] EWHC 2767 (QB), [2012] All ER (D) 127 (Oct) The claimant was a soldier who successfully pursued an action against the MoD in respect of a non-freezing cold injury (NFCI) sustained when he was deployed for cold-weather training in Norway. This was a costs case in which the key […]

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

Summary of Recent Cases – Substantive Law

Hussain v Hussain & Anor [2012] EWCA Civ 1367, [2012] All ER (D) 224 (Oct) The Court of Appeal held that the judge at first instance had been wrong to infer that the claimant had been involved in a staged road traffic accident. The claimant (C) was the driver of a vehicle which was supposedly […]

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

Summary of Recent Cases – Substantive Law

Jones & Ors v Secretary of State for Energy and Climate Change & Anor. [2012] EWHC 2936 (QB), All ER (D) 271 (Oct) This case concerned eight lead claims brought by men who had formerly worked at the Abercwmboi Phurnacite Works. Around 250 claimants were part of a joint action, in which they claimed that […]

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

Industry News

Parliament abandons Supplementary Legal Aid Scheme… Telegraph Jimmy Savile’s estate frozen in anticipation of potential compensation claims… BBC Hospital agrees one of the largest ever PI payouts… BBC Inquest jury rules that death of man killed by falling masonry was accidental… Independent

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

Industry News

OFT confirms that it has referred UK insurance market to Competition Commission… Office of Fair Trading Master of the Rolls warns that Jackson will inevitably lead to satellite litigation… Law Society Gazette SRA launches consultation into referral fee ban… Insurance Post

November 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

New guidelines for damages in lower value personal injury claims. The 20th September saw the publication of the new and updated Judicial College (formerly Judicial Studies Board) Guidelines for the Assessment of General Damages in Personal Injury Cases (11th Edition). Concerns had previously been raised about the lack of detailed guidance in relation to injuries […]

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

Summary of Recent Cases – Civil Procedure

Application to correct the quantum of a costs order under the slip rule dismissed Gupta & Anor v Union Bank of India & Anor, Ch D, 01/10/12 It was held that the challenge to a costs order failed when the order fell nowhere near the province of “accidental” as required by CPR r.40.12. The Order […]

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