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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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Paul Jones discusses issues of proportonality ‘Issues such as proportionality, abandoned claims, costs of funding, success fees and ATE premiums form major elements in many costs disputes and it is helpful to have a current view of these issues.’ The costs dispute following the settlement of the group action against Trafigura, after the alleged illegal …
Continue reading "Costs: The return of Trafigura"
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Liability; psychiatric injury; secondary victims The judge preferred the claimant’s psychiatrist’s diagnosis of PTSD over the defendant’s psychiatrist’s diagnosis of deep grief.This case provides an illuminating consideration of the scope of liability in this difficult area of law. Facts On 2 November 2006, the claimant’s daughter was one of four teenage girls in the back …
Continue reading "Case Report: Jones v Ramshaw [2011] (unreported 5 September 2011)"
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Richard Cole investigates personal injury claims involving motorcyclists ‘This article concentrates on the more common cases involving motorcyclists, namely accidents that occur through overtaking and at junctions (often with a combination of both).’ Case law emanating from the appellate courts concerning road traffic accidents often involve claims brought by motorcyclists. This may well be because …
Continue reading "Motorcyclists: Safety first"
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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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