‘Employers and workers are facing unprecedented challenges in responding to the current pandemic and the measures put in place by the UK governments to tackle it. One area of increasing concern is the impact of the crisis on mental health and wellbeing.’
Old Square Chambers, 26th May 2020
Source: www.oldsquare.co.uk
‘The Supreme Court has called on the Civil Procedure Rules Committee to review the issue of whether disbursements should be payable separately in fixed-cost personal injury cases.’
Litigation Futures, 21st May 2020
Source: www.litigationfutures.com
‘The High Court has cut a costs award to a seriously injured claimant because exaggeration was “built into the structure” of the way the claim was presented before and during the trial.’
Litigation Futures, 13th May 2020
Source: www.litigationfutures.com
‘In a case in which fundamental dishonesty or fraud has not been found but, there has been a significant level of exaggeration, will the court reduce an award of costs? The answer, of course, is considering CPR Part 44: yes… possibly.’
Park Square Barristers, 5th May 2020
Source: www.parksquarebarristers.co.uk
‘An inquest can sometimes present the only opportunity for a family to ask questions about the circumstances leading to the death of a relative. It can also form an important part of the investigation into a potential claim for personal injury causing death. In relation to deaths arising from Covid – 19 those claims are likely to come from families of employees who have died following exposure to Covid – 19 in the workplace. This article reviews the Chief Coroner’s Guidance Number 37 (CCG 37) dated 28 April 2020 and the Notification of Death Regulations 2019 in considering when a coroner’s investigation should be opened in respect of a Covid – 19 death where possible exposure was in the workplace.’
Park Square Barristers, 29th April 2020
Source: www.parksquarebarristers.co.uk
‘It’s a welcome development, recently announced in the Law Gazette, that ABI members and various claimant firms have already signed up to an ongoing protocol adding flexibility to the way claims are handled at this time. A similar agreement has been made between the Association of Personal Injury Lawyers and Forum of Insurance Lawyers.’
Hardwicke Chambers, 29th April 2020
Source: hardwicke.co.uk
‘The original dispute pertained to a claim (issued by the Respondent in these proceedings) which started under, and then exited, the Low Value Personal Injury Claims in Road Traffic Accidents Protocol. On the first visit to the Court of Appeal, the issue was whether the Appellant’s (the Defendant in the original dispute) cost liability in respect of the ex-portal claim was limited to fixed costs. The Court of Appeal held that the fixed costs regime for which Section IIIA of CPR Part 45 provides was applicable and the parties had not contracted out of fixed costs. Absent any application by the Respondent pursuant to CPR 45.29J for a higher amount by reason of “exceptional circumstances”, the Respondent was thus entitled to £16,705.15 in respect of her costs of the claim. Resultingly, both parties had cost liabilities: the Appellant in regards to the ex-portal claim, and the Respondent in respect of the appeal.’
Parklane Plowden, 17th April 2020
Source: www.parklaneplowden.co.uk
‘The whiplash reforms have been delayed until April 2021 due to the coronavirus crisis, the Lord Chancellor announced today.’
Legal Futures, 21st April 2020
Source: www.legalfutures.co.uk
‘The High Court has insisted that there must be a “level playing field” when it comes to recording medical examinations.’
Litigation Futures, 21st April 2020
Source: www.litigationfutures.com
‘Exegesis and eisegesis. Exegesis is interpreting a text’s meaning in accordance with the author’s context and discoverable meaning. Eisegesis is when a reader imposes their own subjective interpretation on a text. Both have more than a passing similarity to the common law doctrine of precedent and the techniques of statutory interpretation.’
Ropewalk Chambers, 17th April 2020
Source: www.ropewalk.co.uk
‘The protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been extended to at least 20 May.’
Litigation Futures, 20th April 2020
Source: www.litigationfutures.com
‘Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on a patient’s right to autonomy in the decision-making process and the need to ensure that any information provided, including as to the risks to themselves and their baby, is properly understood and appreciated (Montgomery v Lanarkshire Health Board [2015] UKSC 1 considered).’
Park Square Barristers, 16th April 2020
Source: www.parksquarebarristers.co.uk
‘This article will discuss the first instance decision of DJ Adams in the case of French v Secretary of State for Business, Energy and Industrial Strategy heard in Newcastle County Court on noise-induced hearing loss.’
Parklane Plowden, 1st April 2020
Source: www.parklaneplowden.co.uk
‘Judges in the Court of Appeal have urged rule-makers to look again at the nuances of qualified one-way costs shifting after a judgment over whether a defendant could set off their costs liability against the claimant.’
Law Society's Gazette, 16th April 2020
Source: www.lawgazette.co.uk
‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’
Ropewalk Chambers, 14th April 2020
Source: www.ropewalk.co.uk
‘Andrew Hogan gives his insight into the Rise and Fall of Subtle Brain Injury in his latest Personal Injury Update.’
Rope Walk Chambers, 1st April 2020
Source: www.ropewalk.co.uk
‘In this article I will examine the issues surrounding the choice of experts in catastrophic brain injury claims. I will write about what experts are reasonably required and in what order the experts should be instructed. We will look at the various expertise available and just what it is they do and how they can help the Court to resolve the issues.’
Exchange Chambers, 25th March 2020
Source: www.exchangechambers.co.uk
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