October 2011 #99 – Law Journals

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)

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 …

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Advocate’s Advice: Accommodating interim payments

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 …

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Recovery: A question of timing

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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 …

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Surveillance: I spy with my little eye

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. …

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Negligence: Double standards

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 …

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Costs: When are proceedings not proceedings

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 …

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Hazardous Activities: Climbing accidents: the duty and standard of care

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 …

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Motor Claims: A costly business

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 …

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