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Paul Jones reviews if a defendant can be reimbursed for payments which are now unnecessary after a change in the RTA protocol ‘The underlying objective of the RTA protocol was that solicitors would receive payment for the work done during each stage, independently of the final outcome of the matter.’During the Peloponnesian War between Athens …
Continue reading "Costs: The Four Hundred Club"
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Fixed costs regime; road traffic accident; non-road user; pre-action protocols; public liability claims, simple fast-track claims ‘The claim was straightforward and low value. The costs should be proportionate and the court’s time allotted to this matter limited.’ This decision provides important clarification as to the scope of the fixed costs regime (FCR) at CPR Part …
Continue reading "Case Report: Prescott v Trustees of the Pencarrow 2012 Maintenance Fund (2017) unreported, Plymouth County Court, District Judge Richards, 12 June"
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Rushmi Sethi considers contributory negligence in lung cancer claims in mostly asbestos-exposed smokers ‘For a defendant facing a claim for damages arising from asbestosis or other lung diseases, the effects of smoking is an important factor to investigate and consider when arguing for a reduction towards their financial liability.’ The inhalation of asbestos dust and …
Continue reading "Evidential Issues: Asbestos-related lung cancer claims"
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Following the Grenfell tower block disaster Theo Huckle QC examines differing legal provisions for fire safety and considers what lessons can be learnt ‘It may well be that such tragedies can be avoided in future by steps to require the installation of suppression systems when building and upgrading buildings, irrespective of the flammability of the …
Continue reading "Fire Safety: The devolutionary perspective"
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Liam Ryan reports on claims by rescuers and secondary victims, and assesses the need for law reform ‘Is it not time to at least consider if people who provide more than “trivial or peripheral assistance” in the wake of a disaster should also be classed as rescuers in a new, and wider, concept?’ In recent …
Continue reading "Psychiatric Injury: Victims of circumstance"
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Anna Macey evaluates the balance between patient confidentiality and the prevention of harm ‘The mother’s claim was that her father’s medical practitioners had a duty of care to her, and her child, and ought to have informed her at any earlier opportunity of the likelihood of her father’s diagnosis.’ In the sad case of ABC …
Continue reading "Damages: Duty of care"
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Stricter regulations on handling personal data are set to come into force next year. Stephanie Prior reports ‘The purpose of these new rules is to tighten up on processes and procedures and make it easier for people to bring claims against companies who do not follow the new GDPR rules. The rules promote accountability and …
Continue reading "Data Protection: The rules are changing"
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Steven Akerman offers alternatives to the costs proposals being considered in Lord Justice Jackson’s review ‘It is apparent that the status quo is simply not fit for purpose either, given for the potential of significant adverse costs making litigation unaffordable for many.’In advance of Lord Justice Jackson’s impending review on fixed recoverable costs, I took …
Continue reading "Fixed Recoverable Costs: Finding another way"
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Liam Ryan investigates unintended tragedies and the scope of secondary victims ‘It seems now to be clear that where a defendant is negligent while a baby is still “in utero” and personal injury (either to the child or mother) was a foreseeable consequence, then the mother will be capable of recovering compensation for any subsequent …
Continue reading "Psychiatric Injury: Picking up the pieces"
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Paul Jones outlines the consequences of improper and unreasonable conduct when serving a bill of costs ‘The Master had little difficulty in concluding that the claimant solicitors’ conduct of the detailed assessment proceedings had been both improper and unreasonable.’The signing of a certificate of accuracy in a bill of costs as required by CPR 47 …
Continue reading "Costs: When detailed assessment goes wrong"
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