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Suzanne Farg and Verity Danziger discuss the hurdles to overcome to establish a claim The importance of factual and expert industry evidence cannot be underestimated and, in this case, the quality of the factual evidence was vital in allowing the claimant to bring his loss of earnings claim fully. The method by which the courts …
Continue reading "Burden Of Proof: Loss of chance"
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A sign of movement in the discount rate saga takes the form of a Consultation Paper, inviting those with an interest in personal injury claims to respond by 23 October 2012. Andrew Sands and Nick Leech analyse the dual approach that the Consultation appears to be taking. If the methodology is changed to considering returns …
Continue reading "The Discount Rate: Damages"
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Richard Scorer and Malcom Johnson consider insurers’ liability for sexual assaults in a motor vehicle The term ‘arising out of’ still excludes the use of the vehicle being causally concomitant but not causally connected with the act in question. Could sexual assaults/abuse taking place in a motor vehicle lead to a damages claim that would …
Continue reading "The Extent Of Insurance Cover: The ‘wrong’ type of use"
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Paul Jones looks at the latest case concerning Part 36 offers The defendant’s case was that there was no reason to depart from the normal rule and, in particular, to apply the normal rule would not be unjust in all the circumstances. Of all the provision of the Civil Procedure Rules, CPR 36 has generated …
Continue reading "Costs: Reversing the normal rule in CPR 36"
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Test for vicarious liability; cumulative approach All three judges agreed that priests are not employees, and that there could be no question of an ‘intention to create’ any legal relationship. In JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012], the Court of appeal, by a majority of two to one (Ward …
Continue reading "Case Report: JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938"
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Matthew Hoe assesses the teething problems that may arise from rolling out the programme nationally ‘In a provisional assessment, the judge must now find his way through the minefield of costs without the assistance of an advocate. The probability that he will reach substantially correct decisions is diminished.’ The county court provisional assessment pilot scheme …
Continue reading "Detailed Assessment: The provisional assessment pilot scheme: going 20% wrong"
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David Regan considers the basis of awards and common pitfalls ‘The Fatal Accidents Act 1976 serves a very important purpose: to protect the rights of dependants who are the secondary victims of torts that have resulted in death.’ The opening line of LP Hartley’s The Go-Between (1953), ‘The past is a foreign country, they do …
Continue reading "Fatal Accident Claims: The past is a foreign country"
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Philip Davy sets out an overview of costs at Stages 1, 2 and 3 of the Pre-Action Protocol for Low-Value Personal Injury Claims in Road Traffic Accidents ‘Increasingly, both parties see an oral hearing as providing a better opportunity to influence the judge’s decision on quantum.’Personal injury practitioners are becoming increasingly familiar with the Pre-Action …
Continue reading "RTAs: Costs in MoJ protocol cases"
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Sarah Prager looks at the decision of the Court of Appeal in Harrison v Jagged Globe ‘There was no way of imposing liability on the tour operator for the negligence of their sub-contractors, and the claim against the defendant tour operator must fail.’The Court of Appeal has recently given judgment in the case of Harrison …
Continue reading "Travel Claims: At last, some good news for tour operators?"
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Anna Macey reports on a parent company that has been held liable to an employee of a subsidiary for negligent asbestos exposure The claimant, Mr Chandler, worked for Cape Products (Cape) for 18 months over two brief periods between 1959 and 1962. While working there he was exposed to significant amounts of asbestos dust and …
Continue reading "Asbestos: Bad parenting"
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