PIBULJ
30 April 2008 - PI Practitioner
Farley v. Buckley [2007] EWCA Civ 403
The claimant was overtaking a lorry on a major road. The lorry was turning left into a side-road, from which the defendant was emerging at 5 to 8 mph, without edging forward bit by bit, that is, ’nose-poking.’ The claimant was found to have been driving at 30 mph, and the trial judge described the manoeuvre as reckless. The judge dismissed the claim.
29 December 2006 - PI Practitioner
ROAD TRAFFIC – DUTY OF CARE WHEN DRIVING TOO CLOSE TO THE CAR IN FRONT
Whittle v. Bennett, CA 1st November 2006
A person driving too close to the vehicle in front owes a duty not just to the vehicle in front, but to all persons who might reasonably be affected by those actions.
The claimant was carrying out a U-turn at a point on the road with limited visibility. The defendant was driving too closely behind another vehicle; both were approaching the claimant. The first vehicle managed to avoid the claimant, but the defendant did not, and they collided. The Court of Appeal endorse the first instance judge’s decision to dismiss the claim, as the defendant would have been unable to stop even if he had not been driving too close to the car in front.
LIMITATION – WHEN A CLAIM IS ‘BROUGHT’
St Helens MBC v. Barnes [2006] EWCA Civ 1372
With respect to s. 11(3) of the Limitation Act 1980, a claim is ‘brought’ when the claimant’s request for issue of a claim form is delivered to the correct court office within the appropriate opening hours. If the claim form is not in fact issued until a later date after the expiry of limitation, it will not give rise to the statutory defence.
DISPUTED CAUSATION IN LOW VELOCITY IMPACT CASES – DEFENDANT’S PROCEDURE
Casey v. Cartwright [2006] EWCA Civ 1280
In a normal whiplash case there should be no need for expert evidence on causation. Only if the Defendant wished to argue that the claim was fraudulent because the impact was too minor to cause any or any greater than trivial injuries would the causation issue arise. The Defendant should notify the other parties within three months of receipt of the letter of claim that he intended to raise the causation issue, should plead the issue in a defence supported by a statement of truth, and should serve within 21 days of service of the defence a witness statement dealing with the defendant’s evidence on causation.
When the above procedures are complied, and the issue is properly raised, the court will normally give permission for the claimant to be examined by a medical expert nominated by the defendant. If the court was then satisfied that the evidence showed a defence case on causation with real prospects of success, then it should give the defendant permission to rely on that medical evidence.
March 2011 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner
LAW JOURNAL
Editorial: Reducing the Cost of Motor InsurancePersonal Injury Articles
Ricky Edwards-Tubb v. JD Wetherspoon PLC [2011] EWCA Civ 136, The Demise of Legal Professional Privilege or an End to Expert Shopping? - Daniel Tobin, 12 King’s Bench Walk
This appeal raised the following question: if the claimant has obtained a medical report from expert A, but chooses not to rely on it, and the permission he seeks is to rely on the evidence of expert B in the same field, ought he to be put on terms that before he can rely on expert B, he must disclose what expert A has said?
The Recoverabiliy of Counsel’s Fees for Infant Approval Hearings - Jennifer Lee, Pump Court Chambers
This article explores a developing trend, triggered in part by the decision in Miles v London Road Veterinary Clinic (2007) and Singh v Adams (2009), in which an increasing number of claimants have encountered difficulties in recovering counsels’ fees for attending infant approval hearings. These authorities mark a gradual shift to a more contextualised approach to the recoverability of counsels’ attendance fees, which undermines the whole purpose of the fixed costs regime.
Pre-Trial Pixels: Timing the Service of Video Evidence - Oliver Rudd, 12 King’s Bench Walk
This article reviews the disclosure of video evidence obtained by Defendants in light of the recent decision in the case of Tavenor Joe Douglas (A Protected Party By his Litigation Friend William Robertson) v Mathew James O’Neill [2011] EWHC 601 (QB).
Credit Hire Articles
Copley Revisited: Sayce v TNT, Cambridge County Court 25 January 2011 - Jason Prosser, Credit Hire Advocacy Services
Some five or more years ago, in an effort to avoid having to meet credit hire charges, third parties and their insurers began to instigate a new tactic, namely to contact the victim of an accident and to offer to provide a replacement vehicle free of charge. This tactic became known as intervention...
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Eldridge: The End of Cryptosporidium Trials? - Simon Davenport QC, 3 Hare Court
In the Case of Eldridge and 55 Others v TUI UK Ltd, 2010, HHJ Worster (sitting in Birmingham County Court) deliberated upon a two week trial and found that TUI were liable under the Package Travel, Package Holidays and Package Tours Regulations 1992 for a number of personal injury claims where tourists contracted Cryptosporidium (Crypto) from a single hotel.
Medico-Legal Articles, Edited by Dr Hugh Koch
Learned Helplessness and Depression: The Role of Attribution and Perceived Control in Post Accident Mental Health Issues - Dr Karen Addy. Clinical Psychologist
The concept of learned helplessness was initially developed by Seligman through a series of experiments completed in the 1960-1970’s. Seligman’s research involved dogs being exposed to electric shocks with differing degrees of ability to control and escape the shocks...
Marketing for Solicitors
How can Brand Updating be Implemented? - Jenny Cotton, Mortons Marketing
A Rose by any other name? Key questions include - What is your practice known for now? By whom? What do we want to be known for in the future? By whom? Its common sense but is this knowledge in place? Branding, as typically defined, offers the potential to create a unique identity which distinguishes your practice from others - but how? How are your services unique?
Charon QC
Charon QC, March 2011
No bar to the Bar.
30 April 2011 - Industry News
Law Society Gazette
House of Commons Transport Committee calls for referral arrangements to be published…
Bizezia
RTA Portal launches behaviour committee pilot…
Claims Standards Council
SRA uses new power to publicly rebuke solicitors for the first time…
Legal Futures
Solicitor criticises ‘absurd’ CFA ruling…
Insurance Medical Group
Law Society research suggests delays in justice system ‘endemic’…
Law Society Gazette
Master of the Rolls urges judges to keep judgments simple…
Guardian
Bar Council launches new careers website…
Bar Council
30 October 2009 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
LAW JOURNAL
EditorialPersonal Injury Articles
A Claimant is not entitled to the world: time for greater realism? - Sarah Fraser Butlin, Cloisters
The Claimant in Pankhurst v White [2009] EWHC 1117 was injured in a road traffic accident and suffered catastrophic spinal injuries, rendering him C4 tetraplegic. The Claimant claimed in the region of £4,000,000. The parties had agreed most heads of damage, including the care claim. A total of £571,631 had been agreed for past losses, £780,000 for future loss and £260,000 periodical payments.
Direct Line - Alejandra Hormaeche, Tanfield Chambers
The jurisdiction of the English courts to deal with claims involving English tourists injured in EU member states has been firmly established, but practitioners must ensure a direct claim against the insurer is possible.
Graham Hopps v. Mott MacDonald Limited & Ministry of Defence [2009] EWHC 1881 (QB) - Daniel Tobin, 12 King’s Bench Walk
The Claimant was a consultant electrical engineer. In September 2003 he contracted with the First Defendant (MM) to assist it in its reconstruction works in Basra, Southern Iraq. MM accepted that it was C’s employer. MM had a contract with the Department of International Development (‘DFID’) whereby it provided services in many countries, including Iraq. The contract governing C’s employment in Iraq stipulated that the military would provide protection for MM’s employees and personnel.
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Costs Capping: The Future - Simon Davenport QC, 3 Hare Court
After a decade of use, Costs Capping appears to be at a cross-roads following the publication of Lord Justice Jackson’s preliminary report on costs (8th May 2009). This article concentrates on cost capping in group litigation in the context of personal injury litigation.
Medico-Legal Articles, Edited by Dr Hugh Koch
London Tops Europe’s Stress Table (according to Easy Jet!) - Dr Hugh Koch
A recent survey, commissioned by Easy Jet, indicates that London is the most stressed of the Major European Capital cities – this is the view of 1000 UK residents who preferred Helsinki for calmness (due to its ‘sauna culture’).
Stress Levels of UK Workers - Dr Hugh Koch
Following the publication of an article ‘How to combat stress legally’ in APIL earlier this year (February 2009), a recent online survey by SkillSoft UK in November, 2008, involved 3000 respondents from small and large organisations
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
Mediation in PI Cases: A Mini-Manual and Costs Guide - Tim Wallis, Trust Mediation Ltd
Questions that are often asked about the costs of mediation include: How much does it cost? Who pays? Can claimants really get damages paid with costs? What are the costs traps? Is the there still a real prospect of costs sanctions?
Marketing for Solicitors
Marketing Your Practice Part 10: Recession Responses, Clients and Consumers: Keep Calm and Carry On.... - Jenny Cotton, Mortons Marketing
Recent articles have changed from doom and gloom to green shoots but will those thrive or wither? Does this matter to your practice? Consumer confidence surveys are published regularly but do you have time and access to keep up to date? Read this summary and feel better. Winston Churchill is claimed to have noted that success is rarely final, failure is rarely fatal and what counts is continuity.....
Charon QC
Charon QC, October 2009
Imagine...
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
