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Personal Injury Law Journal: November 2014

Nick Kitchen sets out what every practitioner needs to know

The rules and practice directions for costs management and cost budgeting have now been in force for the majority of Part 7 multi-track claims for approximately 18 months. This article contains a review of the requirement to file and exchange a costs budgets, when to do so, how to complete a budget, preparing for and attending a costs management conference and the making of a costs management order.

John Snell provides invaluable advice on this difficult area of law

A horse, as Lord Justice Lewison observed in Turnbull v Warrener [2012] at para 56, is a ‘powerful beast’. One might add that it is a large animal with a well-developed fight or flight response, a heavy kick and a nasty bite. It is not at all surprising that people’s interactions with horses give rise to a considerable number of serious accidents every year. The purpose of this article is to consider some of the typical issues which arise when litigating equine claims at common law and under the Animals Act 1971.

Charlie Lane gives guidance to practitioners on what to expect when dealing with an equestrian expert

As an equestrian expert I am first and foremost a horseman, with a lifetime devoted to the mixture of art and behavioural animal science that is horsemanship. For the tiny group of horsemen that find themselves acting as expert witnesses, explaining their opinions on the enigmatic behaviour of horses in the context of personal injury litigation is not straightforward, either for the expert, or for those instructing them. For this reason the instructing solicitor and counsel may be obliged to spend time both educating and understanding their expert which, while this may not be totally different to their approach to other experts, is almost certainly going to be significantly more demanding in time and effort than with the majority of expert witnesses.

Paul Jones highlights an example of an application for relief from sanctions in detailed assessment proceedings

Relief from sanctions has been the dominant theme in the post Jackson costs world with the Court of Appeal’s judgments and guidance being pored over by commentators and practitioners alike. The recent case of Long v Value Properties and Ocean Trade Ltd [2014] provided a helpful practical example of how the land currently lies in this contentious area when it comes to detailed assessment proceedings.

Negligent treatment of pre-existing paraplegia; establishing the appropriate counterfactual; whether credit should be given for care required in any event

This case considered the consequences of admitted negligence on a pre-existing (non-negligently-caused) disability.

Sam Collard and Ewelina Ochab outline an important case when considering non-delegable duty of care

On 1 October 2013, s69 of the Enterprise and Regulatory Reform Act 2013 came into force removing civil liability from employers’ breaches of health and safety regulations.

Patrick West looks at the growing impact of one of the most important costs consequences of the Jackson reforms and what it means for parties seeking to recover their costs

Most of us are by now aware of the final piece of the Jackson jigsaw to fall into place.