Parties can contract out of fixed costs regime – Litigation Futures
‘Parties can agree to contract out of fixed costs, a regional costs judge has ruled.’
Litigation Futures, 24th February 2020
Source: www.litigationfutures.com
Category: personal injuries
Out of the Ordinary: Rob Hunter and Bethany Sanders on the Courts’ Approach to Life Expectancy Evidence – Devereux Chambers
‘In this December article for Personal Injury Focus, Devereux’s Rob Hunter and Bethany Sanders of Leigh Day explore the complexity of life expectancy evidence, providing background, comment, and practice advice on the issue.’
Devereux Chambers, 14th February 2020
Source: www.devereuxchambers.co.uk
Pitfalls in Clinical Negligence Claims: A Case Study – Hailsham Chambers
‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’
Hailsham Chambers, 13th February 2020
Source: www.hailshamchambers.com
QOCS rule to change but not in relation to Tomlin orders – Litigation Futures
‘An urgently needed amendment to the rules on qualified one-way costs shifting (QOCS) in so-called mixed claims will come into force in the coming weeks, the Civil Procedure Rule Committee (CPRC) has decided.’
Litigation Futures, 18th February 2020
Source: www.litigationfutures.com
Claimant who sued over pothole injury given suspended sentence after evidence of extreme sports participation – Local Government Lawyer
‘Walsall Council has successfully prosecuted a man who falsely claimed significant compensation following an injury when falling in a pothole.’
Local Government Lawyer, 17th February 2020
Source: www.localgovernmentlawyer.co.uk
Clinical negligence and PI costs – Law Society’s Gazette
‘Following the decision in I v Hull & East Yorkshire Hospitals NHS Trust (25 February 2019), applications for a further interim payment on account of costs have become common in high-value clinical negligence and personal injury claims where there is likely to be substantial delay before quantum can be determined by the court. In the recent decision in RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB), Master Cook observed that there was no decision of the High Court on the principle of whether such applications are well founded and have an adequate judicial basis in the rules and/or the authorities. Thus, the master took the opportunity in RXK to provide guidance ‘in the hope that such applications would be better prepared in future’.’
Law Society's Gazette, 17th February 2020
Source: www.lawgazette.co.uk
MoJ rules out any major changes to bereavement damages system – Law Society’s Gazette
‘The government has confirmed it has no plans to look more widely at the system for awarding bereavement damages to relatives.’
Law Society's Gazette, 13th February 2020
Source: www.lawgazette.co.uk
Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54 – Hardwicke Chambers
‘The Appellant was a firm of solicitors against whom the Respondent, on behalf of the late Mr Watkins’ estate, continued Mr Watkins’ claim in professional negligence following his death in 2014.’
Hardwicke Chambers, 10th February 2020
Source: hardwicke.co.uk
New setback in race to begin whiplash reform in April – Legal Futures
‘The Civil Procedure Rule Committee last week put off approving the rules for the new whiplash portal until next month, it is understood, making the April start-date all-but impossible.’
Legal Futures, 10th February 2020
Source: www.legalfutures.co.uk
‘Scared of heights’ injury claimant filmed on Europe’s biggest waterslide – BBC News
‘A bodybuilder who claimed an accident left him scared of heights was exposed when a video emerged of him careering down Europe’s highest waterslide.’
BBC News, 6th February 2020
Source: www.bbc.co.uk
Covert recordings: does the end justify the means? Read Martina Murphy and Jane Wheeler’s article in this month’s ELA Briefing here – 12 King’s Bench Walk
‘Covert recording is featuring increasingly in both employment and personal injury law – and the ramifications of recent decisions are yet to be fully played out. Two recent cases consider the issue from both sides in the workplace; Phoenix, featured covert recording by an employee and López considered covert surveillance by employers.’
12 King's Bench Walk, 4th February 2020
Source: www.12kbw.co.uk
Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB) – 12 King’s Bench Walk
‘In Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB), Judge Allen, sitting as a Deputy High Court Judge dismissed the Claimant’s clinical negligence claim against the Defendant NHS Trust pursuant to section 57 Criminal Justice and Courts Act 2015.’
12 King's Bench Walk, 31st January 2020
Source: www.12kbw.co.uk
Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB) (13 January 2020) – Parklane Plowden Chambers
‘The Claimant sustained serious head injuries when he fell from the back of a vehicle when delivering goods in the course of his employment with the Defendant. The tail lift on the vehicle had been lowered by the Claimant. Shortly afterwards he had either stepped backwards or lost his footing, falling approximately one metre to the ground.’
Parklane Plowden Chambers, 3rd February 2020
Source: www.parklaneplowden.co.uk
Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB) – Parklane Plowden Chambers
‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’
Parklane Plowden Chambers, 27th January 2020
Source: www.parklaneplowden.co.uk
Royal Mail sued by postwoman for £50,000 after dog bit off two fingers during rounds amid claims she wasn’t warned about animal – Daily Telegraph
‘A postwoman whose fingers were bitten off by a dog as she put a card through a letterbox is suing Royal Mail for £50,000 compensation.’
Daily Telegraph, 5th February 2020
Source: www.telegraph.co.uk
“Arising out the use of a vehicle?” Common sense definition prevails – Park Square Barristers
‘In Neil Carroll v Michael Taylor, Michael Doyle, Emms Taxis Limited & QBE Insurance (Europe) Limited [2020] EWHC 153 QB the facts were relatively straightforward; Mr Carroll hailed a black cab driven by the First Defendant and owned by the Second Defendant after a night out drinking. Rather than taking him home, the First Defendant firstly stole his debit card (in fact swopping it for the debit card he had stolen from a previous fare) and then secondly when the First Defendant asked him to stop so he could get cash out, watched as the First Defendant (presumably repeatedly) put in his pin number, not realising that his attempt to obtain cash was doomed to failure as he was using somebody else’s card. Having thus obtained his pin number, the First Defendant then drove away leaving Mr Carroll stranded (and indeed within a short period of time removed £220 from Mr Carroll’s account with the ill-gotten card and pin number).’
Park Square Barristers, 31st January 2020
Source: www.parksquarebarristers.co.uk
Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB). – Parklane Plowden Chambers
‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’
Parklane Plowden Chambers, 27th January 2020
Source: www.parklaneplowden.co.uk
Business owners beware! Take reasonable steps or risk a personal injury claim – Becket Chambers
‘This article discusses a recent case whereby the court found that as the Defendant’s employee had failed to report an issue with a passenger lift, they had not acted reasonably. Therefore, the Defendant had been in breach of s2 of the Occupiers Liability Act 1957.’
Becket Chambers, 15th January 2020
Source: becket-chambers.co.uk
Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers
‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’
Guildhall Chambers, 17th January 2020
Source: www.guildhallchambers.co.uk
Contempt and pre-action conduct – Law Society’s Gazette
‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’
Law Society's Gazette, 13th January 2020
Source: www.lawgazette.co.uk
