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Rachel Heelis reviews the third edition of Clinical Negligence Claims – A Practical Guide Having previously owned copies of both the first and second edition of the book and in light of all of the recent and significant changes in the field of clinical negligence law, I was very eager to read and review the …
Continue reading "Book Review: The latest thing"
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Strike out; admission of liability; conflict of interest; solicitor default ‘Arriva applied to strike out the claim on 25 February 2014; the primary basis being the failure to deal with the conflict when it was raised at a juncture providing ample time to find alternative counsel.’ When is it appropriate to strike out a claim …
Continue reading "Case Report: Thomas Morgan v (1) Arriva North West (2) Thomas Dures (t/a Sefton Motors) (2015) QBD, Mrs Justice Simler"
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Brenna Conroy outlines the distinction between appreciation of an accident and witnessing a victim’s injuries for secondary victim claims ‘One of the key themes that emerges from recent authorities is that a secondary victim claim will fail where the primary victim has received treatment such as to make that scene sufficiently different to that at …
Continue reading "Secondary Victims: A race between the claimant and the ambulance?"
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Liam Ryan discusses the case law involving secondary victims in harassment claims One of the more interesting aspects in the development of personal injury law over the last 25 years has been the acknowledgment that psychiatric injury can be not only as serious as physical injury, but a general acceptance that psychiatric injuries are substantial, …
Continue reading "Psychiatric Injury: Collateral damage"
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Andrew Mckie considers future developments in RTA claims, reducing fraud and costs ‘It is too early to tell how effective the system will be in reducing fraud in whiplash claims, given the system has only been implemented for a number of months and time will tell whether there is a reduction in fraudulent whiplash claims.’ …
Continue reading "RTA: Where are we now?"
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Paul Jones reports on the 81st update to Civil Procedure Rules and, in the first part of this article, the details of the new Precedent Q ‘At its simplest level, this amendment adds an additional requirement for commencing detailed assessment in cases where costs management orders have been made.’ It seems a lifetime since the …
Continue reading "Costs: Of budgets and bills – Part 1"
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William Waldron QC highlights some of the mistakes experts make in court and the importance of impartiality ‘My own view is that things are better than before but there are still too many instances of poor experts and inappropriate behaviour.’Recently, I sat as a recorder in the County Court on a tolerably complex, hotly-disputed, six-day …
Continue reading "Expert Evidence: He who pays the piper…"
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Andrew Hogan sets out the need to adhere to the restricted scope of an oral hearing ‘Despite the wording of Rule 47.15 it is apparent that different courts are interpreting it rather differently.’ I have now undertaken more than two dozen oral hearings, in the aftermath of a provisional assessment, when the paying party tries …
Continue reading "Rule 47.15: Reviewing provisional assessments"
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Rebecca Jones outlines Mr Brian Kite v The Phoenix Pub Group (2015) where the judge had to decide if a claimant’s application was fair ‘The QOCS regime provides a wealth of untested areas open to exploration by parties to a dispute, the effect of which is the inevitable rise in satellite litigation as we get …
Continue reading "QOCS Exceptions: The tactical use of a notice of discontinuance"
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Jonathan Dingle FRSA reviews RTA Personal Injury Claims: A Practical Guide Post Jackson There was a moment, just one or two weeks before Sir Rupert published his report, that this reviewer might have saved much of the profession who remain engaged in personal injury claims law from the slough of despond that is sometimes said …
Continue reading "Book Review: Taking a dip"
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