Archive for the ‘News’ Category

Industry News

Kennedys and Simpson & Marwick call off merger… The Lawyer Reaction to the Government’s second response on the “Cost of motor insurance: whiplash report”… Thompsons Law

January 13, 2014 · 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

A judge had been entitled to refuse to admit expert medical evidence on the grounds that it was served very shortly before trial and that it was not useful. Boyle v Commissioner of Police of the Metropolis [2013] EWCA Civ 1477 The appellant (A) appealed against the dismissal of his personal injury claim arising out of […]

January 4, 2014 · 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

Public Authorities and Non-Delegable Duties of Care In Woodland v Essex County Council [2013] UKSC 66, the Supreme Court set out the circumstances in which a non-delegable duty of care arises. The Appellant got in to difficulties during a swimming lesson at a school which the Respondent ran. She suffered a serious brain injury and alleged that […]

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

Industry News

Independent medical panels to verify whiplash claims… Daily Mail Government’s asbestos proposals are ‘missed opportunity’…. APIL Manchester PI firms collaborate to buy out market leavers… Legal Futures

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

Industry News

Guideline Hourly Rates Survey 2013… Civil Justice Council SRA opt out of ban on inducements for RTA claims… Law Gazette No increase in PI small claims limit… Law Society

November 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

Contributory Negligence & Admissions of Liability An admission of liability does not preclude the Defendant from making arguments about contributory negligence or causation. It was set out in Pitts v Hunt [1991] 1 QB 24 (and confirmed in Anderson v Newham College of Further Education [2002] EWCA Civ 505; [2003] I.C.R. 212) that it is not possible to make […]

October 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

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 […]

August 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.

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

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