Archive for April, 2013

Summary of Recent Cases – Costs

Wasted costs order made against the claimant where there was unreasonable refusal to consent to an adjournment of a trial date where it was virtually impossible to have the case prepared in time. Street & Anor v Larkins & Anor (2013) Ch D (Gaunt J QC), 08.03.13 Directions were given in June 2012 for the preparation […]

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

Summary of Recent Cases – Substantive Law

Whitehead (A protected party proceeding by her litigation friend, Amy English) v Bruce & Ors, [2013] EWCA Civ 229 The Claimant was a pillion passenger on a motorbike being ridden by the First Defendant. The Third Defendant’s car had broken down and was parked close to a bend on the opposite side of the road […]

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

Summary of Recent Cases – Substantive Law

Harrison v Isle of Wight NHS Primary Care Trust, [2013] EWHC 442 (QB), [2013] All ER (D) 221(Mar) The Claimant in this case claimed that she had suffered injury when surgeons in the employment of the Defendant had detached her deltoid muscle from the acromion and failed subsequently to repair it. The Defendant denied liability […]

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

Summary of Recent Cases – Substantive Law

Hill and another v John Barnsley and Sons Ltd and other companies [2013] EWHC 520 (QB), [2013] All ER (D) 225 (Mar) This was a claim by the executrixes of the estate of a man who had died from malignant mesothelioma as a consequence of exposure to asbestos. The question at issue was whether the […]

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

Industry News

Law Society chief warns that PI firms will ‘undoubtedly fold’… Law Society Gazette Campaign to Save Legal Industry launches job loss counter… Manchester Law Society Master of the Rolls speaks on compensation culture and the implementation of Jackson… Judiciary of England and Wales

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

A quick and easy guide to probate

Applying for probate and dealing with an estate can be a notoriously difficult process. Not only do you already have a huge amount weighing on your mind just coping with loss, but the entire process can often seem like a stack of forms, signatures and legal letters you struggle to understand. But don’t worry. The […]

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

Industry News

High Court rejects APIL and MASS judicial review of RTA portal fees… Litigation Futures Lords votes against removal of strict liability for employers in PI claims… Advance Legal SRA warns no period of grace in respect of referral fee ban… Law Society Gazette Transport Select Committee causes for further evidence on whiplash claims… UK Parliament

April 10, 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.

The use of surveillance evidence Admissibility: Rall v Hume [2001] EWCA Civ 146, CA (per Potter LJ at [19]): “In principle, as it seems to me, the starting point on any application of this kind must be that, where video evidence is available which, according to the defendant, undermines the case of the claimant to an […]

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

Summary of Recent Cases – Civil Procedure

Interim payment of £500,000 awarded where it represented a reasonable proportion of the likely capitalised sum that he would receive at trial on quantum. Beasley v Alexander (2013) (QBD (Judge Simpkiss) 04.02.13 The applicant applied for an interim payment of £500,000. The defendant argued that the court should award no more than £250,000 and review the […]

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