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Interpretation of the Civil Procedure Rules; meaning of disease The differing levels of percentage increase/success fees are intended to reward those who take on cases that are more difficult or complex and thus have greater financial risk. In employer’s liability claims, the classification of an injury is particularly important when it comes to the assessment …
Continue reading "Case Report: Patterson v Ministry of Defence[2012] EWHC 2767 (QB)"
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Dr Jock Mackenzie and Richard Lodge provide their annual update on interim payments and the Eeles principles ‘It appears the issue causing the most contention between the parties and difficulty for the court is the need for an interim payment to fund the purchase and adaptation of a property.’ In the third of our annual …
Continue reading "Interim payments: Advance but with ‘disciplined and structured’ caution"
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Daniel Scognamiglio and Chris Deacon report on the alarming rise in the number of injuries to British holidaymakers Where an insurer understands that ‘balconing’ may be involved, they can justifiably refuse to pay medical or legal costs or other costs and expenses that may otherwise be covered. There have been 13 recorded incidents (figures from …
Continue reading "Balcony Falls: Brits abroad"
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Alison Padfield contemplates the reason for delayed implementation Although the reforms were agreed by the government ten years ago, and modern legislation is now on the statute book, cases continue to be dealt with under legislation from 1930.In July 2001, the Law Commission published a report on ‘Third Parties – Rights Against Insurers’, which recommended …
Continue reading "Statutory Reform: Whatever happened to the Third Parties (Rights Against Insurers) Act 2010?"
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Bill Braithwaite QC offers the invaluable benefit of his experience Good claimant lawyers want to hear the true opinion of the expert, not what he or she thinks that the claimant or the lawyers would like to hear. I started writing and lecturing about the selection of experts in 1993, and I’ve been going on …
Continue reading "Advocate’s Advice: Good experts win cases – bad ones lose them"
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John Ludman examines significant changes that will come into effect next April relating to recovery of costs It seems sensible and necessary in the future for Bills of Costs to be prepared in a way that illustrates what costs were incurred in respect of each budget category of work, so that the accuracy of the …
Continue reading "Costs Management Orders: What is going to happen?"
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Dr Ian Yellowlees considers how to approach claims involving pain disorders Although many of the changes that occur in central sensitisation are reversible, the likelihood of achieving this seems to decrease with time. Claimants with pain problems are common in the personal injury world. Symptoms often appear at first sight to be out of proportion …
Continue reading "Pain Management: Understanding pain and pain-related disability"
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Hannah Saxena takes a look at the recent approach taken in cases where a pedestrian has stepped into the road at the last minute and particular analysis of the Court of Appeal’s decisions in Birch v Paulson [2012] and Rehill v Rider Holdings Ltd [2012] While it might be a rare occasion that drivers are …
Continue reading "RTAs: Pedestrian fault in running down claims – a review of recent authorities"
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Jeff Zindani investigates the brave new world that faces personal injury lawyers IT, if misused, can make matters worse by adding further layers to an already bureaucratic set of processes. Peter Drucker said that ‘the organisations likely to suffer the most are those with the delusion that tomorrow will be like yesterday’. Background: the winds …
Continue reading "Business Restructuring: The end of personal injury lawyers?"
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Robert Dickason discusses what the future has in store The chief coroner has begun to consult on the possibility of developing groups of coroners with areas of expertise in particular cases, such deaths in custody or where there is suspected asphyxiation from restraint. We should perhaps be a little forgiving of a coronial system described …
Continue reading "Coronial Reform: The chief coroner’s vision"
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