Archive for September, 2013

Summary of Recent Cases – Costs

In a low value RTA involving a child, the cost of a psychiatrist’s report would be disallowed on the basis that the claimant’s representative should have considered what was the most appropriate report to obtain first. Dylan Murray v William Smith (2013) CC (Horsham) (DJ Taylor) 19/07/2013 C, a six year old child, recovered £1,400 in […]

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

Summary of Recent Cases – Costs

Where a defendant is forced to defend itself and is successful, it should not be penalised in costs for losing on some points unless the point should not have been taken or significantly increased costs. Scopema SARL v Scot Seal Direct Ltd [2013] EWPCC 37 C’s claim that D had infringed its patent was dismissed and […]

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

Summary of Recent Cases – Substantive Law

Poole v (1) Wright (Trading as Simon Wright Racing Development) (2) Chequered Flag Karting Ltd (3) David Abbott [2013] EWHC 2375 (QB) The Claimant suffered catastrophic injuries when her scarf got caught in the moving parts of a go-kart. She brought a claim against the manufacturer of the kart, the owner of the kart and […]

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

Summary of Recent Cases – Substantive Law

(1) “Wembridge Claimants” (2) “Wicker Claimants” (3) Timothy Austin v (1) Martin Paul Winter (2) East Sussex Fire and Rescue Service (3) Alpha Fireworks Ltd (In Liquidation) [2013] EWHC 2331 (QB) The Claimants were firefighters and police officers who were attending a fire when a steel shipping container filled with fireworks exploded. Two of the […]

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

Industry News

Asset Protection Unit warms about new “flash for cash” scam… BBC Professional rugby’s concern over head injuries to players… Telegraph Referral fee ban costs Admiral £15million this year…. Legal Futures

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

Industry News

Court of Appeal upholds 15-month prison sentence for fraudster involved in staged accident… piBlawg New play about “no win, no fee” accident litigation opens in London’s West end… The Guardian Two private equity investors buy majority shareholding in PI firm… Law Society Gazette

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

Employee rights after an accident at work

By Ian Morris, Direct 2 Solicitors Ltd Those injured in an accident at work are faced not only with the pain and discomfort of their injuries, they’ll be torn between their responsibilities to the employer and also to themselves. Knowing what rights you have after an accident at work can help to relieve this pressure. […]

September 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

Nicos Varnavas Hajigeorgiou v Vassos Michael Vasiliou [2005] EWCA Civ 236 The court does not have the power under CPR 35.4 to direct whether parties can instruct experts, but to direct whether parties may call experts at trial. Where a direction gave the parties permission to ‘instruct one expert each’ in a particular field, the direction […]

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

Summary of Recent Cases – Civil Procedure

Atrium Trading Services Ltd v McNally (1) Mclean (2): Connor Williams Ltd v McNally & 7 Ors [2013] EWHC 1562 (Ch) An application for an extension of time pursuant to CPR r.3.1(2)(a) would be scrutinised more rigorously since the overriding objective had been amended in April 2013 to include the enforcement of compliance with orders. […]

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