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Andrew Young reviews a case that highlights the importance of getting contextual evidence for accidents that occur on holiday ‘Those acting for claimants should consider carefully whether there was a known likely risk of an accident which would justify arguing that there was an evidential burden on the defendant to prove that the accident happened.’In …
Continue reading "Injuries Abroad: Local standards in package travel cases"
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Christine Bunting looks at Robshaw v United Lincolnshire Hospitals NHS Trust which saw, what is believed to be, the highest ever clinical negligence award made at trial and outlines the specifics of the case and its implications ‘When it comes to calculating future deputyship costs, there is no such thing as a “typical” case.’When the …
Continue reading "Clinical Negligence: Deputyship costs – why the ‘one size fits all approach’ does not work"
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Andrew Bennetts sets out the issues surrounding the recovery of costs for coroner inquests ‘The issue of recovery of the costs of an inquest remain far from clear cut. What is not in dispute is that the costs of attending the inquest are recoverable.’The costs of an inquest within civil proceedings has long been an …
Continue reading "Inquests: It’s a prong story"
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Jackson reforms; additional liabilities; expert reports; factual evidence ‘Recovery of ATE premiums, where applicable, will in practice often be difficult to challenge. The evidential burden on the paying party will not easily be shifted.’ This case is the first reported decision on the recovery of additional liabilities taken out after the implementation of the Jackson …
Continue reading "Case Report: Nokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs)"
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Liam Ryan highlights the need to clearly disclose mental health issues to an employer in stress at work claims ‘Considering the need for a risk assessment it was rightly held that this does not obviate the need for any psychiatric injury which could be suffered to be foreseeable.’Following the increasing volume of cases passing through …
Continue reading "Stress: Being your own worst enemy"
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Patrick West analyses the latest cases and explores the future of the law’s oldest way of punishing wrong-doers ‘Qualified one way costs shifting (QOCS) is now affecting almost all personal injury cases coming before the courts.’ It was said by the Court of King’s Bench in Wilkes v Wood (1763): That the law never admits …
Continue reading "Civil Fraud: Exemplary damages: credit hire, fraud and QOCS"
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Paul Jones considers the arguments concerning the recoverability of success fees using retrospective agreements ‘The recoverability of success fees made conditional fee agreements exponentially more attractive to claimants and their solicitors but, as a result of their growth, they became more and more objectionable to defendants.’Conditional fee agreements (CFAs) may very well go down in …
Continue reading "Costs: Back to the future with CFAs"
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Bill Braithwaite QC examines whether provisions made to tackle fundamental dishonesty will be effective ‘Section 57 might not help that much in certain claims, because the difficulty is in working out which are fraudulent.’ Section 57 of the Criminal Justice and Courts Act 2015, which came into force on the 13 April (not April Fools’ …
Continue reading "Advocate’s Advice: Criminal Justice and Courts Act 2015"
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Shilpa Shah explains how withdrawing a premature case can still lead to a costs order ‘The case of Clydesdale Bank plc v Kinleigh Folkard & Hayward [2014] has firmly brought the risk of adverse cost consequences to mind and may have much wider ranging implications in personal injury cases in respect of claims which are …
Continue reading "Costs In Issue: Issuing protective proceedings – a pre-emptive strike or friendly fire?"
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Nina Goolamali advises on how to approach chronic pain cases ‘In order to litigate [chronic pain claims] effectively, advisors should obtain early and extensive disclosure, commit to front loading costs and select the expert team carefully in order to assess the evidential strengths and weaknesses at the first available opportunity.’ The 12th edition of the …
Continue reading "High-Value Damages: Managing chronic pain claims"
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