Douglas v O’Neill [2011] EWHC 601 (QB) – Law Journals

Case Report: Hayden v Maidstone and Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB)

Late surveillance footage; disclosure; fraud; expert evidence; adjournment ‘The suggestion that there should regularly be a date for the production of surveillance evidence is one to which the claimant’s advisers should give serious consideration.’ This case is an important illustration of the tension between the imperative of procedural discipline on the one hand and the …

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Disability: Handling chronic pain claims

Nicholas Baldock discusses the factors courts take into account when considering chronic pain claims ‘Claimants should be warned of the dangers of exaggerating any element of their claim and client care letters may need to spell out those dangers as diplomatically as possible.’Whether acting for the defendant or claimant, chronic pain cases can and do …

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Surveillance: Are you being watched?

Patrick Vincent and Tom Banks analyse the effect of costs budgets and the new case management powers ‘The principle that defendants ought to be able to gather surveillance without telling the claimant is impossible to reconcile with advertising the existence of surveillance in a budget forecast.’ Surveillance is a familiar battleground for PI lawyers. But …

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Litigation: Playing with fire: meeting suspicious claims head-on

David Sawtell looks at recent case law on exaggerated claims ‘There has been a recent, growing trend towards re-opening cases where there is evidence that the judgment or settlement was based on fraudulent evidence.’ Recent cases in the High Court and the Court of Appeal indicate that defendant insurance companies are turning to a range …

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Evidence: Problem issues and problem clients

Lisa Sullivan and Martyn Mcleish offer practical tips on how to navigate claims where allegations of exaggeration may arise ‘The defence operates as a rule of public policy by which an otherwise perfectly proper claim will not be allowed to proceed or a particular head of loss cannot be recovered because it offends public conscience …

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