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The decision of the High Court in MacIntyre v Ministry of Defence [2011] is reviewed by Matthew White ‘The accident happened outside of the UK, therefore domestic Regulations did not apply and the claim was advanced in negligence only.’ The claimant (C) was an officer serving in the army. He was on a training expedition …
Continue reading "Hazardous Activities: Climbing accidents: the duty and standard of care"
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Andrew Hogan looks at recoverability of ATE premiums under the pre-action protocol for low-value personal injury claims in RTAs ‘A solicitor considering matters reasonably would note: the vast majority of claims will settle within this process where the claimant’s risk to cost is non-existent.’ Cases are starting to reach the assessment process on the single …
Continue reading "Motor Claims: A costly business"
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Stuart Mckechnie gives practical tips on how to optimise claims ‘Traditionally, the costs of commercial care have increased year-on-year at a higher rate than conventional inflation.’ The schedule of loss is the most important quantum document in any serious clinical negligence case. This article provides guidance on how to construct such a schedule and maximise …
Continue reading "Quantum: Drafting a schedule in a serious clinical negligence case"
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Simon Trigger considers the cost perils of overstating your case ‘The old maxim that you have to incur 100% of your costs to recover 1% of your damages appears to have been disproved by the Court of Appeal.’The question of what constitutes success in a piece of litigation was recently revisited by the Court of …
Continue reading "Clinical Negligence: The price of success"
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Andrew Sands and Nick Leech provide guidance on allocation between capital sum and periodical payments in high-value cases ‘Because of their inherent value, periodical payments should be closely considered, along with maximising state benefit entitlements, prioritising needs and cutting coat to available cloth. The allocation process, therefore, is just as relevant in such circumstances.’Periodical payments …
Continue reading "Maximising Awards: Allocation, allocation, allocation"
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Sharon Nash finds that awareness of correct tax treatment helps prevent professional negligence ‘Frequently, where family members provide care, the family is either not advised or forgets that statutory deductions of tax and National Insurance may be set aside, subject to HMRC approval.’For many personal injury (PI) clients, the damages they receive are needed to …
Continue reading "Carers: Blood is thicker than water"
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Paul Jones identifies costs certainty at the expense of insurers ‘As the claimant attended the appointment, the defendant undertook video surveillance that showed the claimant apparently walking without difficulty until he approached the clinic when he was seen to start to limp and use a walking stick.’ An argument that is often raised by defendants …
Continue reading "Inflated Claims: I’ve told you a million times, do not exaggerate"
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Children and road traffic accidents; degrees of negligence ‘The first thing that the practitioner can take from the judgment is that cases such as this are fact specific.’ This case deals with the all-too-frequent situation where a child playing with a ball on the pavement follows the ball into a road and is hit by …
Continue reading "Case Report: O’Connor v Stuttard"
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Malcolm Johnson reviews the basis of compensation ‘Clearly a person who abuses a child in the course of creating a film will be liable to the child for assault. However, what about a person who simply takes the film?’ Child pornography is a multi-billion dollar industry. The statistics published by the Child Exploitation and Online …
Continue reading "Abuse: Seeking damages for child pornography"
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Bill Braithwaite QC gives an invaluable insight into current litigation trends ‘Personal injury lawyers could create their own system of dispute resolution. However, I’m quite sure that it could only be done with goodwill on both sides, and my feeling is that it is only just developing to the stage where true co-operation is practical.’ …
Continue reading "PI Blog: Advocate’s advice"
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