‘The Death Clause’ – can basic charges be recovered under a Conditional Fee Agreement in the event of a client’s death? – 4 New Square

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by sally

‘On Thursday 24 October 2019, Mr Justice Pushpinder Saini handed down his judgment in Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB), an appeal from a decision of Master McCloud sitting in the SCCO. Roger Mallalieu appeared for the successful Appellant. Simon Teasdale explains the facts, the court’s rulings and the implications of the decision.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

Law firm entitled to fees from CFA after claimant’s death – Litigation Futures

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by tracey

‘A law firm which guaranteed clients there would be “no hidden, nasty surprises” could claim over £30,000 in fees from the estate of a deceased asbestosis claimant, the High Court has ruled.’

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Litigation Futures, 29th October 2019

Source: www.litigationfutures.com

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – Hardwicke Chambers

‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

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4 KBW, 6th August 2019

Source: www.4kbw.net

Supreme Court backs public access to court documents – Litigation Futures

‘Non-parties to litigation should generally have access to all written submissions and documents which have been placed before the court and referred to during the hearing, the Supreme Court has ruled.’

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Litigation Futures, 29th July 2019

Source: www.litigationfutures.com

New APIL chief: Falling PI damages “an affront to justice” – Litigation Futures

‘Trends in personal injury claims since LASPO, with damages falling, are an “affront to justice”, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

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Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

Leading firm held liable for asbestos case blunder – Legal Futures

‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’

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Legal Futures, 1st May 2019

Source: www.legalfutures.co.uk

Bridle-ing at a SAR? – Panopticon

Posted April 25th, 2019 in asbestos, data protection, expert witnesses, news by tracey

‘Sometimes the Easter Bunny comes bearing mysteriously non-egg shaped gifts to the data protection practitioner. The judgment of the always-worth-reading Warby J in Rudd v Bridle & J&S Bridle Ltd [2019] EWHC 893 (QB) is just such a delivery, albeit that this one appears to contain a high content of asbestos.’

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Panopticon, 18th April 2019

Source: panopticonblog.com

Fatal accident damages considered: Blake -v- Mad Max Limited – Zenith PI

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Zenith PI, 10th January 2018

Source: zenithpi.wordpress.com

Security firm pays damages to anti-asbestos activists it spied on – The Guardian

‘A private security firm has been forced to pay damages to five anti-asbestos campaigners after they discovered it had spied on them. The firm, K2 Intelligence, paid an infiltrator for four years to masquerade as a sympathetic documentary-maker to obtain confidential information about leading activists in the worldwide campaign to ban asbestos.’

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The Guardian, 8th November 2018

Source: www.theguardian.com

County council fined £200k over disturbance of asbestos at primary school – Local Government Lawyer

Posted September 12th, 2018 in asbestos, fines, health & safety, local government, news by tracey

‘Kent County Council has been fined £200,000 after asbestos was disturbed at a primary school.’

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Local Government Lawyer, 11th September 2018

Source: www.localgovernmentlawyer.co.uk

Asbestos documents must be disclosed to pressure group, High Court rules – Litigation Futures

Posted December 13th, 2017 in asbestos, disclosure, news, public interest by sally

‘A huge collection of documents, including “those relating to the history and development of knowledge in the 20th century about the risks of asbestos”, must be disclosed to the public, the High Court has ruled.’

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Litigation Futures, 13th December 2017

Source: www.litigationfutures.com

PPO first as insurer agrees to cover future cost of mesothelioma treatment – Litigation Futures

‘Solicitors for a man suffering from mesothelioma have claimed a first by securing an agreement with the defendant insurers to cover the future costs of his cancer treatment, no matter the amount or length.’

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Litigation Futures, 24th October 2017

Source: www.litigationfutures.com

Lawyers sue to discover extent of information obtained by “corporate spy” – Legal Futures

Posted February 20th, 2017 in asbestos, confidentiality, legal profession, news, spying by sally

‘A solicitor and barrister who act for an anti-asbestos campaign are in a legal battle over what confidential and privileged information was passed on by a supposed TV documentary maker who was actually placed in the campaign to spy on its activities.’

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Legal Futures, 20th February 2017

Source: www.legalfutures.co.uk

Asbestos: Breach, Causation and Damages, David Kearns v Delta Steeplejacks Limited [2017] EWHC 149 (QB) – Zenith PI Blog

Posted February 15th, 2017 in apportionment, asbestos, causation, damages, news, personal injuries by sally

‘Where an apportionment for exposure to asbestos was carried out using a time based apportionment as opposed to a dose based apportionment.’

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Zenith PI Blog, 15th February 2017

Source: www.zenithpi.wordpress.com

Material Contribution – Carder v University Of Exeter (2016) – Zenith PI

Posted October 7th, 2016 in asbestos, damages, news, personal injuries by tracey

‘Albert Victor Carder v University Of Exeter [2016] EWCA Civ 790. The Court of Appeal held that an asbestosis sufferer was entitled to recover damages from an employer who had contributed 2.3% of his overall exposure to asbestos dust. The contribution, whilst undoubtedly very small, had materially contributed to the respondent’s medical condition and was not de minimis.’

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Zenith PI, 5th October 2016

Source: www.zenithpi.wordpress.com

University forced to pay out for 2.3% contribution to employee’s asbestosis – Litigation Futures

Posted August 3rd, 2016 in asbestos, compensation, negligence, news, personal injuries, universities by tracey

‘The Court of Appeal has ruled that an employer who negligently contributed 2.3% of the asbestos fibres in the lungs of an asbestosis sufferer should have to pay proportional compensation.’

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Litigation Futures, 1st August 2016

Source: www.litigationfutures.com

Damages in Fatal Accidents Claims: Supreme Court decision as to proper basis for calculations of future loss – Henderson Chambers

Posted March 22nd, 2016 in accidents, appeals, asbestos, damages, industrial injuries, news, Supreme Court, trials by sally

‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’

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Henderson Chambers, February 2016

Source: www.hendersonchambers.co.uk

Veterans dying from asbestos-related cancer win battle for compensation – The Independent

Posted March 1st, 2016 in armed forces, asbestos, cancer, compensation, news by sally

‘Scores of veterans dying from asbestos-related cancer caused by their time in the military are to receive a lump sum in compensation, following an Independent campaign to overturn rules that left them worse off than civilians.’

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The Independent, 29th February 2016

Source: www.independent.co.uk

Supreme Court rejects ‘illogical’ precedent on death payments – Law Society’s Gazette

Posted February 25th, 2016 in accidents, appeals, asbestos, damages, news, personal injuries, Supreme Court by sally

‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’

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Law Society’s Gazette, 24th February 2016

Source: www.lawgazette.co.uk