October 2015 #139 – Law Journals

Costs: Of budgets and bills – Part 1

Paul Jones reports on the 81st update to Civil Procedure Rules and, in the first part of this article, the details of the new Precedent Q ‘At its simplest level, this amendment adds an additional requirement for commencing detailed assessment in cases where costs management orders have been made.’ It seems a lifetime since the …

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Expert Evidence: He who pays the piper…

William Waldron QC highlights some of the mistakes experts make in court and the importance of impartiality ‘My own view is that things are better than before but there are still too many instances of poor experts and inappropriate behaviour.’Recently, I sat as a recorder in the County Court on a tolerably complex, hotly-disputed, six-day …

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Rule 47.15: Reviewing provisional assessments

Andrew Hogan sets out the need to adhere to the restricted scope of an oral hearing ‘Despite the wording of Rule 47.15 it is apparent that different courts are interpreting it rather differently.’ I have now undertaken more than two dozen oral hearings, in the aftermath of a provisional assessment, when the paying party tries …

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QOCS Exceptions: The tactical use of a notice of discontinuance

Rebecca Jones outlines Mr Brian Kite v The Phoenix Pub Group (2015) where the judge had to decide if a claimant’s application was fair ‘The QOCS regime provides a wealth of untested areas open to exploration by parties to a dispute, the effect of which is the inevitable rise in satellite litigation as we get …

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Book Review: Taking a dip

Jonathan Dingle FRSA reviews RTA Personal Injury Claims: A Practical Guide Post Jackson There was a moment, just one or two weeks before Sir Rupert published his report, that this reviewer might have saved much of the profession who remain engaged in personal injury claims law from the slough of despond that is sometimes said …

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Case Report: Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB)

Duty of care; providing accurate waiting times ‘The failure of the claim on the basis of a lack of proximity is an interesting element, particularly given the reliance on the case of Rahman against a background of finding that there was foreseeability.’ Mr Darnley was attacked by persons unknown and struck on the head. He …

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Psychiatric Injury: Collateral damage

Liam Ryan discusses the case law involving secondary victims in harassment claims One of the more interesting aspects in the development of personal injury law over the last 25 years has been the acknowledgment that psychiatric injury can be not only as serious as physical injury, but a general acceptance that psychiatric injuries are substantial, …

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RTA: Where are we now?

Andrew Mckie considers future developments in RTA claims, reducing fraud and costs ‘It is too early to tell how effective the system will be in reducing fraud in whiplash claims, given the system has only been implemented for a number of months and time will tell whether there is a reduction in fraudulent whiplash claims.’ …

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