June 2011 #96 – Law Journals

Expert Witnesses: Clamping down

Giles Eyre looks at keeping expert witnesses up to the mark ‘In Jones v Kaney, the Supreme Court, by a majority of 5:2, overturned 400 years of established law in removing the immunity of expert witnesses.’ For as long as any of us can remember, if in the course of personal injury or clinical negligence …

Continue reading "Expert Witnesses: Clamping down"

This post is only available to members.

Road Traffic Accidents: When is a small claim not a small claim?

Paul Jones considers the latest Predictable Costs case ‘Where a claimant has issued proceedings prematurely, possibly with a view to avoiding being limited to Small Claims Fixed Costs, they may assess their Standard Basis costs at a sum equivalent to the costs that would have been payable on the Small Claims Track. This way, the …

Continue reading "Road Traffic Accidents: When is a small claim not a small claim?"

This post is only available to members.

Cash Strapped Councils: Resources and s58 of the Highways Act 1980

Jack Harding discusses the consequences of Wilkinson v City of York [2011] ‘Even under s41 of the Act, the courts have long recognised that the standard of maintenance involves a careful balancing of public and private interests, having particular regard to the limited resources of local authorities.’ On 18 January 2011 the Court of Appeal …

Continue reading "Cash Strapped Councils: Resources and s58 of the Highways Act 1980"

This post is only available to members.

Freedom Of Choice: Panel show

Mark Lee provides guidance as to whether legal expenses insurers can still oblige a policyholder to use their panel solicitors before proceedings ‘Most UK LEIs have refused to agree to the appointment of non-panel firms from the outset, relying instead upon the Regulations and case law that supports a more restrictive interpretation of the rights …

Continue reading "Freedom Of Choice: Panel show"

This post is only available to members.

Quantum: Minimising the value of special damages claims

Ben Hicks offers tips to defendants on how to attack schedules of loss ‘A counter schedule is the defendant’s opportunity to present its own interpretation of the evidence and to put forward its own calculation and assessments of the value of the claim.’ Whilst trite, it is worth starting any consideration of how to successfully …

Continue reading "Quantum: Minimising the value of special damages claims"

This post is only available to members.

Case Report: Kmiecic v Isaacs

Statutory interpretation; control; Occupiers Liability Act 1957 ‘A number of breaches were alleged against the defendant, including a failure to supply sufficiently safe access and egress under reg 5 of the 1996 Regulations (now reg 26 of the 2007 Regulations)… The appeal turned on the issue of control.’ Can a householder’s ‘control’ under the Occupiers …

Continue reading "Case Report: Kmiecic v Isaacs"

This post is only available to members.

Investment: Lack of return

Andrew Sands and Nicholas Martin examine the issues relating to the discount rate and conclude that a reduction in the rate should be inevitable ‘Reality means that life expectancy is always, by its very nature, an estimate so will be wrong. This introduces mortality risk, which if the claimant lives longer than expected means that …

Continue reading "Investment: Lack of return"

This post is only available to members.