Schedules and the Gadget Generation 2: Activity Apps and Damages by Rhiannon Lewis

Judges and practitioners alike are routinely confronted with substantial claims for care and assistance following an accident, with claimants alleging that their injuries have restricted their ability to carry out various domestic chores.  Further, awards of general damages include considerations of loss of amenity, for example where a claimant complains that they are unable to exercise or en... [Continue Reading]

Compensating an injured foetus? by Ian Miller

In what circumstances is an unborn child entitled to compensation for injuries caused by a mother? That is the question facing the Court of Appeal today. A mother drank heavily during pregnancy despite warnings from social workers and antenatal medical staff that it risked harming her unborn baby. The baby was born with foetal alcohol syndrome and has since suffered from developmental problems.... [Continue Reading]

Schedules, Counter Schedules and the Gadget Generation by Simon Readhead QC

    No self-respecting Schedule of Loss is now complete without a hefty claim for “Assistive Technology” items. The response in most Counter Schedules is that the Claimant is likely to have possessed all or some of the items being claimed in any event. The fact is that UK parents now spend a combined £2.25 billion a year or just under £300 per year per household... [Continue Reading]

Handle with Care! by Simon Readhead QC

  “Handle with Care” will be best known to fans of the Traveling Wilburys as the first track on the group’s 1988 album, “Traveling Wilburys Vol.1”. It is also the key message of the fifth annual “State of Care” report by the Care Quality Commission (CQC) issued on 17 October 2014.   https://www.gov.uk/government/uploads/system/uploads/attac... [Continue Reading]

Shooting Admiral Byng by Ian Miller

Admiral Byng was held responsible for the loss of Minorca in 1756. He was relieved of his command, court martialled and shot by a firing squad. Voltaire remarked of the decision to shoot him that it was beneficial to kill an Admiral from time to time “pour encourager les autres”. Although Hildyard J. made reference to Admiral Byng in his judgment in the case of Caliendo v Mishcon de Re... [Continue Reading]

Changes to PD 21 of the CPR from 1 October 2014 by Thomas Crockett

From 1 October 2014 there will be two important changes to the Practice Direction to Part 21 of the CPR which will affect the preparation and conduct of settlement approval hearings.   In cases where the approval is sought of a settlement or compromise by or on behalf of a child or protected party before proceedings have been issued, a claimant child or protected party in a personal injur... [Continue Reading]

Adjusting the Ogden reduction factors to reflect a spectrum of disability by Jack Harding

academics,calculators,office,PhotographsIn the context of a claim for future loss of earnings, for a number of years the Courts have been grappling with the thorny issue of when it is appropriate to adjust the reduction factors (RF) in Ogden tables A to D (contingencies other than mortality) to reflect the particular circumstances of the claimant and the relative severity, or modesty, of their disability.  ... [Continue Reading]

QOCs and Tour Operators: Further Thoughts by Matthew Chapman

This Note is a further rumination on Frances McClenaghan’s recent post about the Court of Appeal’s very recent decision in Wagenaar. It considers the tactical implications (for Tour Operators) of the QOCs rules (in respect of Part 20 recovery claims against local suppliers). It is not uncommon for a Tour Operator, saddled with a package holiday personal injury claim, to bring Part 20 p... [Continue Reading]

"Professional" McKenzie Friends: LSB reaction to Consumer Panel's Recommendations by Thomas Crockett

Those of us who are professional advocates reacted largely with horror when the Legal Service Consumer Panel called in April of this year for a “culture shift” in favour of recognising the rise in and increasing use of paid McKenzie Friends in our courts by extending regulation to them. Quite why this quango exists in the first place may well be a mystery to some (as it is to the write... [Continue Reading]

QOCS does not apply to additional claims by Frances McClenaghan

The QOCS rules apply to a single claim against a defendant which includes a claim for damages for personal injury. In Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) ([2014] EWCA Civ 1105) the Court of Appeal held that these rules are not applicable to the entire action in which a claim for damages for personal injury is made. Thus the QOCS rules did not apply to an additional claim under CPR Part... [Continue Reading]

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