Archive for February, 2013

Summary of Recent Cases – Costs

It was appropriate to award the claimants 80% of their costs in circumstances where, overall, they had been successful in their claims notwithstanding a failure to prove a causative link on aspects of their claims. Jeffrey Jones & Ors v Secretary of State for Energy and Climate Change (1) Coal Products Ltd (2) [2012] EWHC […]

February 27, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

Wall v Mutuelle De Poitiers Assurances, [2013] EWHC 53 (QB), [2013] All ER (D) 208 (Jan), QBD The Claimant was injured in a road traffic accident whilst on holiday in France. He suffered severe injuries as a consequence. The Claimant returned home and issued against the French driver’s insurer. The Claimant wished to adduce accountancy […]

February 23, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

Germaine v Epsom & St Helier University Hospitals NHS Trust, [2013] All ER (D) 248 (Jan), QBD The Claimant was a nurse who brought a claim for a serious back injury sustained in a lifting accident in the course of her employment with the NHS. The Claimant lifted some heavy seats in a hospital waiting […]

February 19, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

Paramasivan v Wicks, [2013] All ER (D) 151 (Jan), CA The Claimant was a 13 year old boy who was injured in a road traffic accident. The Defendant was driving through a residential area past a parade of shops. The Claimant threw something at one of his friends and immediately ran across the road into […]

February 16, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Ministry of Justice closes 209 rogue claims firms… BBC Insurance fraudsters ordered to repay £278,000… Lancashire Telegraph Government proposes cap on unfair dismissal payouts… Personnel Today

February 13, 2013 · Editorial Team · Comments Closed
Posted in: News

Industry News

Ministry of Justice postpones extension of the RTA Portal Scheme… New Law Journal SRA confident in its interpretation of the referral fee ban… Legal Futures Supreme Court holds that legal professional privilege applies only to lawyers… New Law Journal

February 10, 2013 · Editorial Team · Comments Closed
Posted in: News

Personal injury cases – The top frequently asked questions

A personal injury claim can vary from an accidental slip or trip at work to serious road accidents and unfortunately for clients, this particular legal area covers a significant number of circumstances, so it’s no surprise to me that many find the sector so confusing. From a very simple perspective the essential basis of your […]

February 4, 2013 · 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.

Recovering the costs of counsel’s fees at infant settlement approval hearings A contentious area that has been clarified considerably by the Court of Appeal. CPR 45.10 provides: (1) The court – (a) may allow a claim for a disbursement of a type mentioned in paragraph (2) … (2) The disbursements referred to in paragraph (1) […]

February 4, 2013 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Civil Procedure

An appeal judge came to the correct conclusion that in the circumstances, the claimant’s delay in serving a costs schedule (in breach of an unless order) did not justify striking out his claim. Ryder Plc v Beever [2012] EWCA Civ 1737 The claimant failed to serve a costs schedule in a personal injury claim. The […]

February 1, 2013 · Editorial Team · Comments Closed
Posted in: Cases