May 2012 #105 – Law Journals

Fixed Costs Or Standard Basis Costs: Vive la difference

Paul Jones assesses the conflict that may arise due to the expansion of fixed costs ‘Standard basis costs and fixed costs are different beasts and an order for one cannot be interpreted by the court as an order for the other.’ Lord Justice Jackson, like Lord Woolf before him, is very keen on fixed costs. …

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Burden And Standard Of Proof: Cash for crash

David Sawtell examines the growing instance of personal injury fraud ‘Defending a case on the grounds that it is fraudulent is expensive and time consuming. Sometimes it appears that the case would have little merit if it went to trial.’ Personal injury fraud is now big business. Last year’s report by the BBC’s Panorama program …

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Foreign Accidents And Foreign Law: Where are we now?

Philip Mead contemplates issues of jurisdiction ‘Case management judges should be astute to identify on the pleadings what the scope of any dispute as to the content of foreign law is, before launching into the need for foreign expert evidence.’ Ever since FBTO Schadeverzekeringen NV v Odenbreit [2007], claimant lawyers have been alert to the …

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Court Of Protection: Financial management and the mentally incapable client

Lynne Bradey considers the test for capacity It is a sad fact that in many personal injury cases, particularly those involving the most catastrophic injuries, the injured person will lose the capacity to deal with their own affairs. Where that is the case, the majority of injured people will lack the capacity to appoint an …

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Police Claims: In the agony of the moment

Julian Abengowe discusses the apportionment of liability when pedestrians are hit by emergency vehicles ‘On appeal, the claimant’s contribution was reduced from three quarters to one third, with the police officer being held two thirds responsible.’ In Smith v Chief Constable of Nottinghamshire Police [2012], a mobile patrol police officer was responding to an emergency …

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Case Report: Goldsmith v Patchcott [2012] EWCA Civ 183

Animals Act 1971; ss2 and 5(2) ‘The judge held that the appellant had known that there was a risk that a horse would rear and buck if startled or alarmed and had voluntarily accepted that risk by riding Red.’ The Court of Appeal decision in Goldsmith v Patchcott provides further guidance on the application of …

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Discount Rate: The longest wait

Julian Matthews reviews the current position in England in light of the decision of the Privy Council in Helmot v Simon ‘The outcome of Helmot v Simon [2012] has been recently reviewed in the Privy Council. What has happened in that case may well have some interesting pointers to the forthcoming debate to be held …

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Credit Hire: How to gain advantage

William Hibbert advises claimants and defendants on practice and procedure ‘An innocent claimant can recover damages for loss of use of his or her car even where a car is a non-profit earning chattel. Further, it is the duty of the claimant to mitigate that loss. Hiring a replacement car is such mitigation.’ Credit hire …

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