‘Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, which was handed down on 7th October 2021.’
St John's Chambers, 18th October 2021
Source: www.stjohnschambers.co.uk
‘This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis. In so doing, however, he concluded that as a matter of law the material contribution approach to causation does not apply when there is a single tortfeasor and an indivisible injury.
Soole J is surely right to acknowledge that this is an issue “ripe for authoritative review” (see [151]), but it is suggested that his reasons for reaching the above conclusion are somewhat questionable.’
Ropewalk Clinical Negligence Blog, 26th October 2021
Source: www.ropewalk.co.uk
‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’
Ropewalk Clinical Negligence Blog, 19th October 2021
Source: www.ropewalk.co.uk
‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’
Law Society's Gazette, 7th October 2021
Source: www.lawgazette.co.uk
‘Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.’
Local Government Lawyer, 1st October 2021
Source: www.localgovernmentlawyer.co.uk
‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’
Law Society's Gazette, 1st October 2021
Source: www.lawgazette.co.uk
‘An expert witness has apologised to the High Court after being told by a judge not to treat giving evidence in court “as a game”.’
Legal Futures, 28th September 2021
Source: www.legalfutures.co.uk
‘Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.’
Local Government Lawyer, 17th September 2021
Source: www.localgovernmentlawyer.co.uk
‘An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation.’
Nearly Legal, 30th August 2021
Source: nearlylegal.co.uk
‘Expert witnesses prefer to travel to prepare themselves for a trial in person with their legal teams even when the trial itself is to be conducted remotely, a report has found.’
Legal Futures, 18th August 2021
Source: www.legalfutures.co.uk
‘When it comes to replenishing my wardrobe, I have little patience for the careful selection of clothes for style and fit (this should come as no surprise). Instead, I am one of those who buys a job-lot of clothes once or twice a year to see me through the next couple of seasons. When I may not have been sufficiently realistic about size, I rely on the ability to change my mind and send things back or exchange for something more appropriate. However, do the same with experts at your peril! The case of Matthew Rogerson (t/a Cottesmore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd provides a very useful reminder of the court’s approach to expert shopping. As well as a recap on that approach, it invites reflection on how we go about selecting, instructing and managing experts when proceedings are anticipated.’
Practical Law: Construction Blog, 11th August 2021
‘In this edition of the Professional Discipline & Regulatory Team quarterly bulletin, Carolina Cabral discusses the need for expert evidence where matters are of common sense(pp.2-4) and Divya Puri helpfully reminds us of the process and procedure to be undertaken when applying for a High Court extension to an interim order (pp.5-7) We also include our usual brief summary of some recent cases.’
23 Essex Street, 2nd August 2021
Source: www.23es.com
‘The value of the medico-legal market fell by 18% to £650m last year because of Covid reducing the number of new personal injury cases and slowing down those already in progress.’
Legal Futures, 8th July 2021
Source: www.legalfutures.co.uk
‘Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.’
Local Government Lawyer, 2nd July 2021
Source: www.localgovernmentlawyer.co.uk
‘We are grateful to the contributors to this Newsletter. Sam Skinner’s case note on the recent decision in R -v- Brecani addresses the consequence of this important shift away from accepting as expert evidence the conclusive decisions made by civil servants within the Home Office on referrals for human trafficking and modern slavery. Kate Kelleher provides a timely reminder that the provisions of the Animal Welfare (Sentencing) Act 2021 is in force from 29th June 2021 and provides a commentary on the most notable recent developments in the prosecutions of animal welfare offences. In April and May Catherine Rose and Tom Parker ran a 2-part webinar session on Open-Source Evidence with contributions from a panel of leading experts from the US and UK. Their article is just a taster of the material covered in greater depth in the sessions. A timely warning to apply the basic critical analysis we use in relation to evidence from many scientific fields to all such evidence before relying on it at face value. Mary Prior Q.C. has provided a comprehensive round up in the Crime Bulletin of all the recent decisions of importance in a broad spectrum of procedural and offence-based areas.’
The 36 Group, 28th June 2021
Source: 36group.co.uk
‘A High Court judge has expressed her surprise at a London law firm’s failure to ensure “basic levels of compliance” with the Civil Procedure Rules by a client and its experts.’
Legal Futures, 29th June 2021
Source: www.legalfutures.co.uk
‘This article considers how the duties imposed on expert witnesses impact upon the functions of expert surveyors giving valuation evidence tendered in Court and in the Upper Tribunal. We will refer to all tribunals as “the Court” by way of shorthand.’
Falcon Chambers, 8th June 2021
Source: www.falcon-chambers.com
‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’
Henderson Chambers, 4th June 2021
Source: www.hendersonchambers.co.uk
‘Defendant solicitors have welcomed a ruling that medical agency costs are irrecoverable under the fixed-costs regime.’
Litigation Futures, 17th June 2021
Source: www.litigationfutures.com
‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’
No. 5 Chambers, 11th June 2021
Source: www.no5.com
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