‘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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Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

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Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

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High Court refuses 100% success fee because trial had not started – Litigation Futures

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

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Litigation Futures, 8th May 2015

Source: www.litigationfutures.com

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Salford Royal Hospital: Woman awarded £8m after NHS blunder – BBC News

‘A pregnant woman left brain damaged after her heart was accidentally punctured during an NHS operation has won an £8m compensation pay-out.’

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BBC News, 5th May 2015

Source: www.bbc.co.uk

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Down the pan: Council pays man £341k after falling off toilet – Daily Telegraph

Posted May 5th, 2015 in compensation, local government, news, personal injuries by sally

‘Fylde Council in Lancashire, confirms it ends eight years of legal wrangle by settling claim involving man who fell when lavatory bowl collapsed.’

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Daily Telegraph, 3rd May 2015

Source: www.telegraph.co.uk

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McCracken (a protected party by his litigation friend) v Smith (Damian) and others – WLR Daily

McCracken (a protected party by his litigation friend) v Smith (Damian) and others [2015] EWCA Civ 380; [2015] WLR (D) 183

‘Where a claimant’s injury had two separate causes, one of which was his own criminal conduct in a joint enterprise with another, amounting to turpitude for the purposes of the defence of ex turpi causa, and one of which was a third party’s negligence, the relationship between the claimant’s turpitude and his negligence claim against the third party was not such as to debar his claim against the defendant in reliance on the principle of ex turpi causa. The correct approach of the court in such cases was to give effect to both causes of the injury by allowing the claimant to claim in negligence against the third party but, if negligence was established, by reducing any recoverable damages in accordance with the principles of contributory negligence so as to reflect the claimant’s own fault and responsibility for the injury.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

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Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

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Review of Costs Budgeting Process by Jackson LJ – Zenith Chambers

Posted April 29th, 2015 in budgets, costs, negligence, news, personal injuries, telephone hearings by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

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Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

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Mind the gap: immigration rules and human rights are not coterminous – Free Movement

Posted April 22nd, 2015 in human rights, immigration, news, personal injuries, tribunals, visas by sally

‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’

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Free Movement, 22nd April 2015

Source: www.freemovement.org.uk

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Current Issues in Cerebral Palsy & Brain Injury Claims – Cloisters

Posted April 21st, 2015 in birth, hospitals, negligence, news, personal injuries by sally

‘This is the legal round up slot. There have been a number of interesting first instance cerebral palsy cases reported in 2014/15. The most interesting of which are Tippett v Guy’s & St Thomas’ Hospital NHS Foundation Trust [2014] EWHC 917 (QB) and Baynham v Royal Wolverhampton Hospitals NHS Trust [2014] EWHC. I am going to focus on these two cases.’

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Cloisters, 9th April 2015

Source: www.cloisters.com

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Leapfrog granted: The death knell for Cookson v Knowles? – Cloisters

‘It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556. This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial.’

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Cloisters, 24th April 2015

Source: www.cloisters.com

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Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Cloisters, 10th April 2015

Source: www.cloisters.com

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Family of burglar who fell through roof face £250k bill for trying to sue council – Daily Telegraph

‘Judge rules in Staffordshire council’s favour after Thomas Buckett suffered 10 skull fractures and spent two weeks in a coma.’

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Daily Telegraph, 14th April 2015

Source: www.telegraph.co.uk

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SRA warns firms against misleading marketing as inducements ban kicks in – Legal Futures

Posted April 14th, 2015 in advertising, inducements, law firms, news, personal injuries by sally

‘The Solicitors Regulation Authority (SRA) has warned personal injury firms against misleading marketing as the government’s ban on the use of inducements came into force yesterday.’

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Legal Futures, 14th April 2015

Source: www.legalfutures.co.uk

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