A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

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Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

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Government launches review of MedCo – after just three months – Litigation Futures

Posted July 17th, 2015 in consultations, expert witnesses, news, personal injuries by tracey

‘The Ministry of Justice (MoJ) today brought forward its planned six-month review of MedCo in response to the problems that have been encountered so far.’

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Litigation Futures, 16th July 2015

Source: www.lititgationfutures.co.uk

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How mad must you be, not to be responsible for your actions? – UK Human Rights Blog

Posted July 14th, 2015 in appeals, crime, mental health, negligence, news, personal injuries by tracey

‘Dunnage v. Randall & UK Insurance Ltd [2015] EWCA Civ 673, 2 July 2015
This is an extraordinary case, and one which goes deep down into why the law of wrongs (or torts) makes people compensate others for injury and losses, whereas the criminal law may decide that a crime has not been committed.’

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UK Human Rights Blog, 14th July 2015

Source: www.ukhumanrightsblog.com

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Met loses appeal over Guardian journalist hit by police car – The Guardian

Posted July 9th, 2015 in appeals, London, negligence, news, personal injuries, police by sally

‘Judges have cleared the way for the former Guardian journalist Donald MacLeod to claim damages from the Metropolitan police after he was left with brain injuries when he was hit by a police car answering an emergency call while he was cycling home.’

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The Guardian, 8th July 2015

Source: www.guardian.co.uk

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High Court abandons cost budgeting for clinical negligence claims to clear backlog – Litigation Futures

Posted July 3rd, 2015 in budgets, case management, costs, negligence, news, personal injuries by tracey

‘Costs budgeting will not be applied to High Court clinical negligence cases listed for costs hearings between October 2015 and January 2016 in an attempt to clear the backlog, it has emerged.’

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Litigation Futures, 2nd July 2015

Source: www.litigationfutures.com

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Lowdon-v-Jump Zone Leisure UK Limited [2015] EWCA Civ586 – Zenith PI Blog

Posted July 1st, 2015 in appeals, damages, expert witnesses, news, personal injuries by sally

‘This case concerned an appeal against an Order in which the Defendant was to pay the Claimant, Mr Lowdon, the sum of £17,000 by way of general damages for personal injury following injury he suffered as a result of riding on the Defendant’s equipment known as “The Hyper jump”.’
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Zenith PI Blog, 30th June 2015

Source: www.zenithpi.wordpress.com

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Medical legal costs ‘excessive and should be capped’ – BBC News

Posted June 29th, 2015 in costs, hospital orders, negligence, news, personal injuries by sally

‘The government intends to put strict limits on the “excessive fees” some lawyers claim in medical negligence cases against the NHS in England.’

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BBC News, 28th June 2015

Source: www.bbc.co.uk

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Withdrawal of nutrition and hydration would not offend right to life – Strasbourg Court – UK Human Rights Blog

Posted June 24th, 2015 in accidents, human rights, medical treatment, news, personal injuries by sally

‘In an important step away from Pretty v UK, the Grand Chamber of the Strasbourg Court has upheld the right of to die with dignity by ruling that there would be no violation of Article 2 (right to life) of the European Convention on Human Rights if artificial nutrition and hydration were to be withdrawn from a patient in a persistent vegetative state.’

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UK Human Rights Blog, 16th June 2015

Source: www.ukhumanrightsblog.com

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Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Posted June 18th, 2015 in fraud, insurance, news, personal injuries, striking out by sally

‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
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OUT-LAW.com, 17th June 2015

Source: www.out-law.com

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Connolly v Croydon Health Services NHS Trust [2015] EWHC 1339 (QB) and Buswell v Symes [2015] EWHC 1379 (QB) – Zenith PI Blog

‘Multiple witness statements and credibility of witnesses.’

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Zenith PI Blog, 4th June 2015

Source: www.zenithpi.wordpress.com

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Gulati v MGN Ltd – WLR Daily

Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232

‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

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UK Supreme Court judges show little appetite for extending ‘Fairchild’ exception to other scenarios, says expert – OUT-LAW.com

‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’

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OUT-LAW.com, 26th May 2015

Source: www.out-law.co.com

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‘I Started Something I Couldn’t Finish’ – Wasted Costs Application Against Legal Representatives – Zenith PI Blog

Posted May 21st, 2015 in costs, news, personal injuries, practice directions by sally

‘Anecdotal evidence suggests that Defendants in failed personal injury claims are increasingly making use of the Court’s wasted costs powers in an attempt to recover costs from Claimants’ legal representatives. Often this is in cases where the Defence is either explicitly or implicitly one of fraud. In such cases the terms of the ATE insurance (if indeed any is held by the Claimant) are often such that the policy does not pay out. Thus, Defendants are sometimes left in the position of holding a costs order against a ‘man of straw’. To circumvent this problem it seems some Defendants are making costs applications against legal representatives directly, using the wasted costs jurisdiction. The recent case of Kagalovsky v Balmore Invest Ltd [2015] EWHC 1337 (QB)[1] provides a salutary reminder of the difficulties a party faces when seeking to persuade a Court to make a wasted costs order.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

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Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

‘A litigant-in-person has lost his claim for psychiatric injury against the Stobart Group and associated companies over his failure to serve a medical report.’

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Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

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Boy who suffered brain damage due to Harrogate hospital failings to get £10m – The Guardian

Posted May 15th, 2015 in birth, compensation, hospitals, negligence, news, personal injuries by tracey

‘A six-year-old boy with cerebral palsy is to receive a £10m care and rehabilitation package from Harrogate and district NHS foundation trust after it admitted failing to provide proper care during his birth that resulted in devastating neurological injuries.’

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The Guardian, 14th May 2015

Source: www.guardian.co.uk

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Paralysed marine sues MoD for £8m over beach dive accident – BBC News

Posted May 13th, 2015 in accidents, armed forces, news, personal injuries by tracey

‘A marine left paralysed after diving into shallow waters in the Canary Islands is suing the military for £8m. Spencer Vaughan, 27, from Cwmbran in south Wales, broke his neck in the Gran Canaria incident while on an adventure training exercise in July 2009.’

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BBC News, 12th May 2015

Source: www.bbc.co.uk

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“Fundamental dishonesty” and striking out in personal injury cases: ten key procedural points – Zenith PI

Posted May 12th, 2015 in news, personal injuries, striking out by tracey

‘The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences. There are 10 key points which every personal injury litigator must be aware of.’

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Zenith PI, 9th May 2015

Source: www.zenithpi.wordpress.com

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Participation in an illegal joint enterprise is not a bar to recovery in a claim for personal injury – Zenith PI Blog

‘Personal injury arises out of criminal acts as well as legal ones. The good news is this is not a bar to recovery.’

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Zenith PI Blog, 8th May 2015

Source: www.zenithpi.wordpress.com

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Jackson: Lawyers must say “bluntly” if claim has no prospect of success – Litigation Futures

Posted May 11th, 2015 in law firms, limitations, negligence, news, personal injuries by sally

‘Lord Justice Jackson has dismissed a negligence claim against Veale Wasbrough, now national firm Veale Wasbrough Vizards, and the barrister it instructed to advise on a personal injury case.’
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Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

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