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Andrew Hogarth QC analyses the recent approach of the courts to compensate primary and secondary victims ‘The acceptance by courts that some unmeritorious primary victims can succeed has led inevitably to a desire to ensure that secondary victims who are considered by the trial judge to be meritorious will succeed.’ Most would agree that the …
Continue reading "Psychiatric Injury: ‘Nervous shock’ – where are we now?"
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Relief from sanctions; CPR 3.9; overriding objective ‘There is now much greater emphasis on compliance in all areas of the court’s affairs in each division. Procedural rules and time limits are not advisory. They demand compliance.’ Practitioners have had to adapt to a multiplicity of reforms to the civil litigation system over the past six …
Continue reading "Case Report: Baker v Hallam Estates Ltd [2013] EWHC 2668"
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In the concluding part of their two-part article Jonathan Mitchell and Georgina Cursham examine the issues that arise with accidents on demised premises ‘Any potential claim or defence against a landlord will require careful consideration of the tenancy agreement.’ In last month’s article we considered the liability of landlords at common law and under statute. …
Continue reading "Property Claims: Personal injury claims against landlords"
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Andrew Morgan , who specialises in asbestos claims, looks at the hidden cost of the recent reforms ‘So the outcome of the Mesothelioma Bill is not yet assured, but how wonderful that insurers will no longer have to pay success fees in successful claims. Perhaps.’The insurance industry can be forgiven for looking like the fat …
Continue reading "Procedural Reform: Insurers cry Woolf?"
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Bill Braithwaite QC contemplates the benefits of appointing a neutral facilitator at an early stage in substantial personal injury litigation ‘We could and should use the whole range of ADR systems as and when we need them in order to make the entire case run smoothly, not just to settle it at the end.’ This …
Continue reading "Advocate’s Advice: The new dawn"
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In the first of a two-part article Jonathan Mitchell and Georgina Cursham examine the issues that arise with accidents on demised premises ‘It has always been the case that where a landlord undertakes express duties in a lease, he will be liable to his tenant for foreseeable losses caused by breach of those express duties.’ …
Continue reading "Property Claims: Personal injury claims against landlords"
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Patrick West looks at Opoku v Tintas, which provides some encouragement for defendants ‘In Lagden, the House of Lords held that, faced with an injured party whose expenditure in mitigation had been augmented by his impecuniosity, a judge was entitled to take into account the claimant’s lack of means.’ For defendant insurers and solicitors, credit …
Continue reading "Credit Hire: End of the road for impecuniosity?"
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Paul Jones considers recoverability of disbursements in fixed feed cases ‘Murray v Smith illustrates the arguments that can arise over the appropriate medical evidence in a straightforward case.’ With the growth in the application of fixed costs to personal injury claims, one area that remains open for arguments between the parties is the reasonableness or …
Continue reading "Costs: Two for the price of one"
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Julian Matthews investigates a fundamental problem with the compensation available when errors are made by private medical or primary care practitioners ‘It is very likely that that claimant will be significantly undercompensated when compared to a person who sustains precisely the same injuries within the NHS, with no guarantee and that their long term needs …
Continue reading "Compensation: A two-tier system?"
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Natalia Siabkin and Suzanne Farg discuss the impact of the reforms five months after implementation ‘It remains to be seen whether the new rules will reduce the costs of litigation by curbing unnecessary costs or will have the more detrimental effect of preventing litigants from pursuing their claims fully (or at all).’ The new Jackson …
Continue reading "Proportionality And Compliance: Will this new matrix control litigation costs?"
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