piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Loss of future earnings and disability

A claimant is “disabled” for the purposes of Tables A – D of the Ogden Tables when s/he has an illness or disability which has or is expected to last for a year or more (or a progressive illness); which “substantially limits” the claimant’s ability to carry out normal day-to-day activities; and which affects the kind or amount of paid work s/he can do.  ... [More]

Edward Bishop QC considers obstacles in claims for psychiatric damage

In Speirs v St George’s Healthcare NHS Trust (Unreported, December 2014) a mother claimed damages for psychiatric injury which she said had arisen as a result of the shock of seeing one of her daughters who had been seriously damaged during an instrumental ‘ventouse’ birth. The judge dismissed the mother’s claim on the grounds that she had not suffered a psychiatric injury ... [More]

Fixed costs in RTA, EL and PL multi track claims

A claim which starts under the RTA protocol but proceeds on the multi track remains subject to the fixed recoverable costs regime. So held HHJ David Grant in the case of Qader v Esure (Unreported, 15th October 2015). The case concerned a claim for damages for personal injury arising out of an RTA. The value of the claim was pleaded at £5,000 to £15,000. The Defendant alleged that the a... [More]

No assignment of CFAs, says the County Court

If a claimant is pursuing a personal injuries claim funded by a CFA, and the solicitors’ firm goes into administration, can the CFA be assigned to a new firm? No, says the County Court at Liverpool. In Jones v Spiral Healthcare (unreported, 11th September 2015, transcript available on Westlaw), the original CFA was entered into validly in 2012. In 2014 the Claimant’s solicitors’ ... [More]

Test for striking out before trial

The Court of Appeal recently held in Alpha Rocks Solicitors v Alade [2015] EWCA Civ 685 held that the court should exercise caution in the early stages of a case in striking out the entirety of a claim on the grounds that a part had been improperly or even fraudulently exaggerated.   The Court (Moore-Bick, Fulford, Vos LJJ) made reference to the draconian nature of the power and the risk... [More]

The rise in injury litigation: dodgy claims managers?

An article in the Sunday Times a few weeks ago caught my eye. This revealed the aggressive tactics employed by predatory claims farmers to ensure that as many people as possible who have been involved in accidents bring claims for damages for personal injuries. Their tactics were reported as including appealing to base greed (such as the oft-encountered line: “the money is just waiting ... [More]