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Julian Matthews discusses two recent cases which illustrate the potentially far reaching consequences of the rules of causation of damage ‘These cases clearly illustrate that the focus of attention in the assessment of damages in cases where there is a medical or other disability subsisting prior to the date of negligence must be upon the …
Continue reading "Causation: Reducing damages due to pre-existing conditions – a tenable argument?"
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Stephanie Prior examines the latest changes to the Civil Procedure Rules ‘It is now that there is a complete change to Part 36 and these new changes will come into force and will apply to all offers made after 6 April 2015. These changes are extensive and require careful consideration.’The Civil Procedure Rules came into …
Continue reading "Part 36: Exploring the changes"
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Bill Braithwaite highlights the major trends in personal injury law that have drawn his interest in the last year, as well as the importance of practical case experience ‘Good management of catastrophic personal injury litigation requires a clear view of how the claim can and should be presented to best advantage.’It’s always interesting for me …
Continue reading "Advocate’s Advice: Annual review"
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Tim Trotman outlines the effect of the Enterprise and Regulatory Reform Act 2013 on personal injury litigation ‘No diminution of a pre-existing national standard is permissible by the introduction of a national law intended to implement European health and safety directives.’ Where a breach occurred before 1 October 2013, regulations introduced under the Health and …
Continue reading "Health And Safety At Work: Back to 1898"
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Anna Macey considers a recent case which highlights the importance of statutory interpretation ‘There was no good reason why criminal law should not equally protect a foetus from conduct resulting from deliberate acts causing foreseeable harm and which resulted in grievous bodily harm evident after birth.’A child (CP) was born with Foetal Alcohol Spectrum Disorder …
Continue reading "Criminal Injuries Compensation Authority: A crime of violence?"
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Paul Jones reviews the attempts that have been made to give guidance on proportionality in costs judgments ‘The Court of Appeal set out a test that courts should apply to determine the proportionality of costs for any given case. They claimed this would solve the problems of interpretation the courts and practitioners were having.’ In …
Continue reading "Costs: Proportionality – the road to hell"
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Causation; multi-defendants; asbestos ‘The judge did not accept that a period of exposure that does not increase the risk by more than double can be said to have materially contributed to the cancer.’The High Court ruled on the principles of causation to be applied to a multi-defendant case of asbestos-induced lung cancer. Mr Justice Jay …
Continue reading "Case Report: Professor Carl Heneghan (administrator of the estate of James Leo Heneghan) v Manchester Dry Docks Ltd & Ors EWHC 4190 (QB)"
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In the second of two articles Linda Jacobs looks at legal liability in multiple defendant claims ‘Where two or more tortfeasors cause different damage to the claimant, the causes of action are distinct from one another. The claimant can sue each defendant, but can only recover the extent of the damage for which each tortfeasor …
Continue reading "Multiple Defendants: Who to sue?"
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Claire Booth considers the diverse role of the case manager and the factors that help predict the cost of case management for clients with complex needs, prior to and following settlement of a claim ‘Each client’s recommendations will be different depending on individual circumstances and there is not a magic figure for a spinal injury, …
Continue reading "Client Care: Predicting the cost of clinical case management"
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Gareth Price explores the situations in which QOCS protection might be forfeited ‘Where the “claim” is found, on the balance of probabilities, to be fundamentally dishonest, an order for costs may be enforced to the full extent with permission from the court.’ The effect of qualified one-way costs shifting (QOCS) is that any costs order …
Continue reading "QOCS: A costly situation"
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