Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts – Cloisters

‘William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.’

Full story

Cloisters, 25th July 2016

Source: www.cloisters.com

Failure to serve costs budget limits claimant’s recovery to court fees in £3m quantum-only dispute – Litigation Futures

‘The fact that a clinical negligence case had become a quantum-only dispute did not take it out of the costs management regime, meaning that the claimant’s failure to serve a costs budget restricted its recoverable costs to the court fees only, the Court of Appeal has ruled.’

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Litigation Futures, 25th July 2016

Source: www.litigationfutures.com

Speech by Lord Justice Jackson: Concurrent Expert Evidence – Courts and Tribunals Judiciary

Posted July 1st, 2016 in evidence, expert witnesses, lectures, pilot schemes by tracey

‘In this lecture I shall concentrate on one particular Australian invention, which we are now copying in England and Wales. That is concurrent expert evidence.’

Full speech

Courts and Tribunals Judiciary, 30th June 2016

Source: www.judiciary.gov.uk

Case Update: Judge expressing opinion on proportionality of incurred costs – Zenith PI Blog

‘In the recent case of Eil v Knowsley Metropolitan Borough Council (15/06/16) the court was considering the costs position on a claim arising out of a sexual assault. Due to the medical evidence the Claimant limited the claim to £50,000. A budget was submitted by the Defendant for £26,000. The Claimant’s budget was £104,373, of which half had already been incurred.’

Full story

Zenith PI Blog, 27th June 2016

Source: www.zenithpi.wordpress.com

A1P1 and public policy: compensation for not fishing? – UK Human Rights Blog

‘An interesting Court of Appeal decision concerning the science of migratory salmon, and the circumstances in which compensation will be granted when an interference with Article 1 Protocol 1 is found.’

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UK Human Rights Blog, 22nd June 2016

Source: www.ukhumanrightsblog.com

Economic complexity: CAT vs High Court – Competition Bulletin from Blackstone Chambers

‘One of the advantages of the Competition Appeal Tribunal is said to be the fact that its three-member panel typically includes an economist. But is that really such a big advantage over the High Court?’

Full story

Competition Bulletin from Blackstone Chambers, 9th June 2016

Source: www.competitionbulletin.com

Increasing costs budget – what constitutes “significant development” – Zenith PI Blog

Posted May 16th, 2016 in budgets, civil procedure rules, costs, expert witnesses, news by sally

‘In Churchill v Boot 2016 (QBD 22/04/2016) permission to appeal against a master’s order refusing permission to amend a cost budget was refused.’

Full story

Zenith PI Blog, 13th May 2016

Source: www.zenithpi.wordpress.com

Teach that judge a lesson – Technology Law Update

Posted May 4th, 2016 in expert witnesses, intellectual property, judges, judiciary, news, patents by tracey

‘Patent litigation in the English courts can be a bit of a see-saw, with experts from either side weighing in with their own perspective on technical matters. The judge must then make a choice between their views and come up with what he or she feels is the right answer.’

Full story

Technology Law Update, 4th May 2016

Source: www.technology-law-blog.co.uk

Part 25 Applications – The theory and the practice – Family Law Week

‘Marie Crawford, barrister, Becket Chambers considers the disconnection between theory and practice in making applications to adduce expert evidence.’

Full story

Family Law Week, 21st April 2016

Source: www.familylawweek.co.uk

Deepcut inquest: Bullet wound ‘consistent’ with self-inflicted injury – BBC News

Posted April 19th, 2016 in armed forces, expert witnesses, firearms, forensic science, inquests, news, suicide by sally

‘The bullet wound that killed a teenage soldier was “consistent” with a self-inflicted injury, according to a ballistics expert.’

Full story

BBC News, 18th April 2016

Source: www.bbc.co.uk

Boffins offer primers for courtroom science – Law Society’s Gazette

Posted April 12th, 2016 in DNA, evidence, expert witnesses, news by sally

‘Easy-to-understand guides on scientific evidence could be introduced in courts as part of joint efforts to explore common interests between lawyers and scientists.’

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Law Society’s Gazette, 12th April 2016

Source: www.lawgazette.co.uk

Ethics on the bench and in the witness box: The Round-up – UK Human Rights Blog

‘A highly experienced magistrate – Richard Page – has been sacked for airing views opposing same-sex couples being allowed to adopt.’

Full story

UK Human Rights Blog, 16th March 2016

Source: www.ukhumanrightsblog.com

Challenging Government Decisions a Pain in the Neck – Henderson Chambers

‘On 11 December 2015, Cranston J gave Judgment in Speed Medical Examination Services Limited v Secretary of State for Justice [2015] EWHC 3585 (Admin). Cranston J held that the Defendant’s reforms in respect of the system for obtaining medical reports in whiplash cases was not open to challenge on grounds of irrationality or its purported anticompetitive effects.’

Full story

Henderson Chambers, 3rd February 2016

Source: www.hendersonchambers.co.uk

Supreme Court gives guidance on the admissibility and use of expert evidence – Cloisters

‘Rachel Barrett discusses Kennedy v Cordia (Services) LLP, in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work.’

Full story

Cloisters, 10th February 2016

Source: www.cloisters.com

Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) – Supreme Court

Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 (YouTube)

Supreme Court, 10th February 2016

Source: www.youtube.com/user/UKSupremeCourt

What are ‘professional witnesses’ and why is there such high demand for their services? – The Independent

Posted February 16th, 2016 in expert witnesses, news, private investigators, witnesses by sally

‘Too many offences escape prosecution for want of anyone willing to give evidence. When the police can’t help, it’s time fpr a new approach…’

Full story

The Independent, 15th February 2016

Source: www.independent.co.uk

‘Steps of court’ settlement was not negligent, court rules – OUT-LAW.com

‘A barrister and firm of solicitors did not act negligently when they advised a client to settle her road traffic accident (RTA) claim after her main witness failed to attend court, the High Court has ruled.’

Full story

OUT-LAW.com, 8th February 2016

Source: www.out-law.com

High Court penalises party over non-compliant expert evidence and excessive bundles – Litigation Futures

Posted February 2nd, 2016 in case management, costs, expert witnesses, news, penalties by sally

‘The High Court has issued a costs penalty to a claimant that included material in expert evidence that it was not meant to and also flooded a preliminary hearing with unnecessary bundles.’

Full story

Litigation Futures, 28th January 2016

Source: www.litigationfutures.com

RSPCA ‘reserves right’ to prosecute hunt cases despite controversy – Daily Telegraph

‘Changes to the animal protection charity’s prosecution policy will not mean a final end to cases brought against members of fox hunts.’

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Daily Telegraph, 13th December 2015

Source: www.telegraph.co.uk

Speed Medical to appeal after High Court backs MoJ on MedCo – Litigation Futures

Posted December 11th, 2015 in expert witnesses, judicial review, news, personal injuries, road traffic by tracey

‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’

Full story

Litigation Futures, 11th December 2015

Source: www.litigationfutures.com