New law - fundamental dishonesty in PI claims by Ian Miller

The government brought into force last week a new law preventing claimants from recovering damages for personal injury when they have been fundamentally dishonest, unless it would cause substantial injustice. In the case of Summers v Fairclough Homes Ltd  [2012] UKSC 26 the claimant was injured in an accident at work and claimed more than £800,000 from his employer. Surveillance reveale... [Continue Reading]

Personal Injury and the Party Manifestos by Ian Miller

Is there anything in the parties' manifestos which might affect the field of personal injury? Reforms since 2010 include a new fixed costs regime, costs management/budgeting and greatly increased court fees. Civil liability has been removed for breaches of health and safety regulations. But what is being promised for the future? The Conservative Manifesto includes a pledge to reform human r... [Continue Reading]

Employer not liable for employee killed in air disaster by Kiril Waite

Yesterday, Mr Justice Coulson delivered an extensive judgment in the case of Cassley and Others v GMP Securities Europe LLP & Sundance Resources Limited [2015] EWHC 722 (QB), in which he dismissed the claim for damages brought by the estate of the Deceased (James Cassley) against his employer (GMP) and its client (Sundance), an Australian mining company, who chartered the ill-fated flight. Thi... [Continue Reading]

Local Standards: Don’t Let Them Cat-ch You Out by Tom Collins

In Lougheed v On the Beach (2014) EWCA Civ 1538 the Court of Appeal reaffirmed the importance of the Claimant adducing evidence of local safety standards in the context of package holiday claims. The recent decision of the High Court of Northern Ireland in Kerr v Thomas Cook [2015] NIQB 9 provides a colourful (and not unamusing) example of the same principle being applied in a very different factu... [Continue Reading]

Low cost Arbitration instead of expensive Civil Justice? by Matthew Chapman

At a recent seminar a solicitor, with whom I was discussing the recent (rather extraordinary) hike in Court fees (see, Andrew Spencer's blog last week), mentioned an initiative which Andrew Ritchie QC has pioneered. Arising out of concerns about recent Government “reforms” to civil justice as these deal with personal injury litigation, the initiative is a proposal for personal injury a... [Continue Reading]

Fee hike implemented by Andrew Spencer

    Further to Ian's post last week, court fees have been increased from today - by over 600% in some cases. The Law Society have set out the arguments they are raising in support of their proposed judicial review. The most eye-catching of these is that the fee increases are "tantamount to 'selling justice' contrary to the principles of Magna Carta", presuambly on the basis that the new ... [Continue Reading]

Fee increase to take place next Monday by Ian Miller

Supporting solicitors logoA dramatic hike in court fees is to take place on Monday 9th March 2015. The Law Society has published the following table (see below) of the new court fees suggesting solicitors consider issuing cases this week.    Employment Tribunal fees were increased in July 2013 and the effect is thought to have been to reduce the number of tribunal claims substantially. It remains to be seen ... [Continue Reading]

Heracles, the Hydra and Basic Hire Rates by Ian Miller

In Greek mythology the Hydra was a serpent-like water monster with many heads. For every head cut off it grew two more. It had poisonous breath and blood so virulent that even its tracks were deadly. Credit hire claims are like the Hydra – every time the appeal courts strike off a metaphorical head, another argument (or two) seems to emerge. In a claim for a car hired on credit, absent impe... [Continue Reading]

Records of Inquest: the conclusion is... use your boxes correctly and keep it succinct by Lisa Dobie

For those of you practising in coronial law, the Chief Coroner's Guidance No. 17 was published on 30 January 2015. It contains some useful and succinct guidance on short form conclusions and narrative conclusions, including: how and when they should be used (as alternatives or together); the correct approach to the three stages of the conclusion (i.e. fact finding, box 3 of the Record of Inques... [Continue Reading]

“ .. Friends, Romans, personal injury lawyers ...!” by Simon Readhead QC

Or so Mark Antony might have said if Shakespeare had been around to reflect on the amendments to the CPR which come into effect on 6 April 2015. All the talk is of the changes to Part 36. But what of the new Part 87 which is being introduced as part of the continuing drive to replace Latin terms with simpler English language.   I confess to a fondness for Roman law having been made to st... [Continue Reading]

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