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Dr Jock Mackenzie and Richard Lodge have another look at the Eeles principles ‘Difficulties remain in obtaining interim payments large enough to fund the purchase and adaptation of a suitable property prior to trial.’ In our article ‘Advance with caution’, PILJ88, September 2010, p2 (not available online), we concluded that at interim payment applications, the …
Continue reading "Interim Payments: Continue to advance with caution"
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Dr Manda Holmshaw and Wilson Carswell examine the psychological consequences of road traffic accidents ‘What is less well known is that a high proportion of these casualties will develop one or more psychological conditions as a direct result of the road accident.’ This article attempts to provide personal injury lawyers with an understanding of how …
Continue reading "Motor Claims: The role of personal injury lawyers"
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Julian Matthews assesses the difficult legal issues that arise when multiple causes give rise to a compound injury ‘In clinical negligence cases, the complexity of the factual matrix means that the fine line between recovery and no recovery is regularly tested.’ Most clinical negligence litigation arises out of adverse outcomes secondary to medical intervention required …
Continue reading "Evaluating Claims: Successive causes of injury: the causation conundrum"
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Simon Brown considers the liability of ATE insurers to a successful defendant ‘An ATE insurer will ordinarily be liable under the terms of the policy to the insured. But does a successful defendant have to pursue a claimant in the expectation that the claimant will join the insurer or can the defendant pursue the insurer …
Continue reading "ATE: The right of recovery"
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PUWER; liability for contractors; apportionment between defendants ‘The occupier of a construction site cannot absolve itself of legal responsibility for what happens on the site even though it engages apparently competent contractors.’ This was a first instance decision of David Pitt away QC sitting as a judge of the High Court. The case is noteworthy …
Continue reading "Case Report: Helen Shearer Evans (Executrix of the Estate of Malcolm Evans, Deceased) v (1)Windsor and Maidenhead Royal Borough (2) Charles Wilson Engineers Ltd [2011] EWHC 2096 (QB)"
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Bill Braithwaite QC advises that preparation is the key to successful applications ‘Although there are many different ways of expressing the same concept, claimants must always try to solve their accommodation problems in the cheapest, reasonable way. Because the landscape has changed since Eeles, it is all the more important for claimants to compromise their …
Continue reading "Advocate’s Advice: Accommodating interim payments"
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Matthew Hoe highlights authorities that argue interest on costs is payable from quantification and not an order for costs ‘Three recent decisions have challenged the received wisdom that interest on costs runs from the date of the order for costs, and instead have allowed it only from the date the costs were quantified.’ Interest on …
Continue reading "Recovery: A question of timing"
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Sandra De Souza considers the issues that surveillance causes for claimants Insurers are increasingly relying on video surveillance. This is especially true if the claimant’s injuries are significant, or where issues of malingering or fraud are raised. With an increase in social networking over the years, personal injury claimants are under more scrutiny then ever. …
Continue reading "Surveillance: I spy with my little eye"
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Geoff Clarke QC discusses the differing treatments of judgement by professionals at work and when they are driving home ‘Cases where claimants succeed in questions involving clinical judgement are restricted to those where the practice followed is indefensible. If a practice can be shown to be in operation, even if the balance of opinion is …
Continue reading "Negligence: Double standards"
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Paul Jones focuses on the latest litigation arising from Part 36 ‘One of the ambiguities left by the wording of the current Part 36 is that it is somewhat unclear as to what the costs consequences might be of a Part 36 Offer which is made and then accepted before proceedings are commenced.’ When the …
Continue reading "Costs: When are proceedings not proceedings"
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