Archive for December, 2012

Summary of Recent Cases – Costs

Summary assessment of the costs of appeal was appropriate. Clearwell International Limited v MSL Group Holdings Ltd (1) Clark (2) Lauretti (3) (Costs) [2012] EWCA Civ 1440 The respondents were successful on appeal and were entitled to their costs. The issue was whether the costs should be summarily assessed or subject to a detailed assessment […]

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

Summary of Recent Cases – Costs

Where a soldier had sustained a non-freezing injury to his feet after undertaking cold weather survival training, his injury could not be regarded as a “disease” within the meaning of CPR Part so as to attract a higher success fee Alex Terry Patterson v MOD, [2012], EWHC 2767 (QB), 12/10/12 It was held that as […]

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

Summary of Recent Cases – Substantive Law

Hussain v King Edward VII Hospital, [2012] EWHC 3441 (QB) The Claimant was an engineer who was admitted to the Defendant hospital for treatment to a cancerous growth in his bladder. He was put under general anaesthetic in the course of a cystoscopy. When he awoke after the operation, he found that he was suffering […]

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

Summary of Recent Cases – Substantive Law

Cleightonhills v Bembridge Marine Ltd, [2012] EWHC 3449 (TCC) The Claimant in this case was a young man employed by the Defendant. The Defendant repaired, maintained and fitted out boats. The Defendant had had commissioned and had built a new workshop and warehouse, which had been completed some sixteen months before the Claimant’s accident. One […]

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

Industry News

Lord Chancellor claims he will reconsider LAPSO provisions if they do not work out… BBC Lords scrap hundreds of ‘obsolete and unnecessary’ laws… Independent

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

Industry News

Government consults on extension to RTA PI protocol… Ministry of Justice APIL survey finds that 40% of whiplash victims do not claim compensation… Solicitors Journal Ministry of Justice decides not to follow Jackson recommendation for Costs Council… Law Society Gazette

December 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

10% Increase in Awards of General Damages from 1st April 2013 Simmons v Castle [2012] EWCA Civ 1039 On 26th July 2012 the Court of Appeal took the opportunity to give notice as to how the increase in general damages, recommended by Sir Rupert Jackson in his final report on Civil Litigation Costs, would take effect. Paragraph […]

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

Summary of Recent Cases – Civil Procedure

It was not appropriate to adjourn a trial date in the absence of good medical evidence A & Anor v A Company & Anor, QB, 26/10/12 It was held that though illness could be a ground for an adjournment but there had to be a good evidential basis for so doing. However, the applicant’s doctor […]

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