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In the second part of his article, Christopher Jessel continues to consider injury claims which occurred on recreational land and the issues they create ‘The rules for occupiers’ liability can apply differently to open spaces used for recreation from the way they do to enclosed premises such as buildings, especially where access is not controlled …
Continue reading "Occupiers Liability: Voluntary risk"
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Laura Sylvester considers if there has been a softening of judicial approach ‘Clearly, the Mitchell case has left its mark on the legal landscape. The importance of compliance with court orders, the CPR and practice directions must not be underestimated. Ignore this at your peril.’Following the Court of Appeal’s decision in 2013, in the landmark …
Continue reading "Compliance: Some relief from sanctions?"
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Robert Bourne considers a siginificant but often overlooked reform, the arrival of CPR 44.2(8) ‘The costs ordered to be paid will be those that “reflect a reasonable assessment of what was likely to be awarded.”’ In recent years it has been recognised that if a party is bound to receive a certain part of the …
Continue reading "Civil Procedure Rules: Payment on account of costs – what is the right percentage?"
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Section 2 Mental Health Act 1983; duty of care; burden of proof ‘The case was determined based on the simple finding that the Trust, by its security personnel, failed to take reasonable steps to ensure the safety of the claimant; and that this failure caused him to suffer injury.’ The claimant sustained his head injuries …
Continue reading "Case Report: Webley v St George’s Hospital NHS Trust and anr [2014] EWHC 299"
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Jim Tindal summarises mental capacity, CPR 21 and Dunhill v Burgin [2014] ‘The issue at the heart of Dunhill was: what “claim” must the claimant have capacity to commence? The claim which it was wrongly believed at the time the claimant had, or the (much bigger) claim they in fact had unknown to anyone at …
Continue reading "Capacity: When does a settlement settle nothing?"
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In the first of a two part article Christopher Jessel analyses the difficult issues which arise when pursuing injury claims which occurred on recreational land ‘The rules for occupiers’ liability can apply differently to open spaces used for recreation from the way they do to enclosed premises such as buildings, especially where access is not …
Continue reading "Occupiers Liability: Voluntary risk"
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Bill Braithwaite QC considers the need for financial planning at an early stage in catastrophic injury ‘Many clients find it difficult to contemplate looking so far into the future but lawyers always deal with these issues on the balance of probabilities.’When I started in silk, over 20 years ago, life care planning was developing in …
Continue reading "Advocate’s Advice: Plan for life"
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Paul Jones advises when it is appropriate to issue costs-only proceedings ‘In Knowles v Goldborn, the court concluded that the claimant had failed to make any real or genuine attempt to agree settlement of the claimant’s costs and, therefore, the issue of costs only proceedings was premature.’ Any practitioner who deals with costs will almost …
Continue reading "Costs: Trigger happy"
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Deirdre Goodwin provides analysis and considers the effect of a finding of incapacity to conduct proceedings upon the status of settlements not approved under CPR r21 ‘The re-assertion of the principle that an apparently fully informed and properly advised settlement will be treated as void if a claimant is retrospectively considered to be a protected …
Continue reading "Capacity: Test of capacity to conduct proceedings"
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Assault; Human Rights Act 1998; police investigation ‘The question for the learned judge to decide was whether, in a case where the police themselves were not culpable for the actual violence perpetrated, the Human Rights Act 1998 imposed a duty for failing to investigate.’ The case involved claims for declarations and damages by two of …
Continue reading "Case Report: DSD, NBV v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB)"
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