Personal Injury: CA gives green light to exemplary damages in insurance fraud cases AXA Insurance UK plc v Financial Claims Solutions Ltd and others  EWCA Civ 1330Exemplary damages are a narrow exception to the rule that damages are compensatory, not punitive. This case is a paradigm example of when they are appropriate.
1st August 2018 by David WillinkCIVIL: PHILIP JAMES CLAY v TUI UK LTD  EWCA Civ 1177When do your own actions break the chain of causation?
27th June 2018 by Napier MilesBreaking the chain of causation: Clay v TUI UK Limited  EWCA Civ 1177Mr Clay fell 20 feet from a hotel balacony whilst on holiday in Tenerife.
11th June 2018 by James TunleyFundamental dishonesty, conspiracy and multiple passenger claimsMatthew Boon and 18 others v (1) Dale Pritchard (2) Nigel Mordescai (Liverpool CC, HHJ Gregory, 14 February 2018)
11th June 2018 by Vaughan JacobUnfettered Discretion to Determine Fundamental Dishonesty After DiscontinuanceWhether allegations of fundamental dishonesty should be determined after discontinuance is subject to a wide and unfettered discretion of the judge,...
11th June 2018 by Bernard PressmanA big welcome to Matthew GillettCommercial and Chancery; Property; Personal Injury; and Aviation and Travel
4th June 2018 by Mark RowlandsTwo Third Six Pupillages commencing in personal injury and commercial/property groups.Invitation for applications. Deadline: 16 July 2018
29th May 2018 by Philip AldenFundamental dishonesty, conspiracy and multiple passenger claimsMatthew Boon and 18 others v (1) Dale Pritchard (2) Nigel Mordescai (Liverpool CC, HHJ Gregory, 14 February 2018)
21st May 2018 by Vaughan JacobGuy Coleman acts for the claimant in a £900,000.00 personal injury settlement.Lewis v Clark & Co Ltd
9th April 2018 by Clifford AldersonCreation of a new duty to provide information: ABC v St. George’s Healthcare NHS Trust and others  EWCA Civ 336The Court of Appeal, reversing a strike-out ruling, has decided that it is arguable that geneticists were under a duty of care to provide information to C about her father’s diagnosis of Huntington’s disease.
27th July 2017 by Lawrence CaunBrightside Group Ltd v (1) RSM UK Audit LLP (Formerly Baker Tilly UK Audit LLP)This case illustrates another pitfall when serving at the eleventh hour. With limitation looming, C issued proceedings but did not serve. D served notice under CPR 7.7.
22nd March 2017 by Napier MilesChanging the discount rate - what, when and why?This afternoon there was an announcement to the London Stock Exchange of a forthcoming change to the discount rate in relation to calculating compensation payments. Most people had probably never heard of it this morning, but the development has wiped billions off the value of major insurers and looks set to be front page news tomorrow.
27th February 2017 by Ross BeatonFixing the uncertainty over pre-action disclosure costs: Sharp v Leeds City Council  EWCA Civ 33Does the fixed costs regime within Section IIIA of Part 45 CPR for ex-portal personal injury claims apply to applications for pre-action disclosure (PAD)? On 1 February 2017 the Court of Appeal in Caren Sharp v Leeds City Council unanimously held it did.
17th February 2017 by James TunleyCPR Rule 3.1(7) and varying an order granting Judgment by consentCPR 3.1(7) gives the Court a power to vary or revoke an order. The power is used sparingly when the order is ‘final’ ie when it determines between the parties the issues which are the subject matter of the litigation.
17th February 2017 by Vaughan JacobUnmarried and bereaved – fatal accident damages reviewed Smith v Lancashire Care NHSFT  EWHC 2208 (QB)One of the ways in which marriage still matters is in fatal accident damages. How much do you get when your spouse or civil partner dies? £12,980 in bereavement damages. How much when the person you have cohabited with throughout your life, but never married, dies? Nothing, at least for bereavement.
22nd November 2016 by Ross BeatonNo Fixed Costs on the Personal Injury Multi-TrackOver the last year or two a common issue in regards to costs in RTA litigation has presented itself at the allocation stage: whether the fixed costs regime continues to apply to a case which no longer continues under the RTA Low-Value Personal Injury Protocol but is allocated to the multi-track after being issued under Part 7.
16th November 2016 by Bernard PressmanRun over in Europe – how much can you claim? RTAs meet EU law in the Supreme CourtWhat happens when you go to Greece, get run over by an uninsured driver, lose a leg, and want to claim compensation?
31st August 2016 by Ross BeatonMust a party seeking to set aside a compromise for fraudulent misrepresentation prove that it believed the representation was true?No, says the Supreme Court
4th August 2016 by Winston JacobLate service of surveillance evidenceIssues raised by late service of surveillance evidence in PI/Clin Neg cases continue to trouble the Courts.
6th June 2016 by Napier MilesMatthew Winn-Smith successful in appeal in Drewnik v BrittonExploring the scope of “fundamental dishonesty” for the purposes of CPR 44.16. This case (currently unreported) appears to be the only known appellate decision dealing with this issue.
16th March 2016 by Matthew Winn-SmithVicarious liability – refined, not redefinedCox v Ministry of Justice  UKSC 10 --- Mohamud v Morrison Supermarkets  UKSC 11
10th March 2016 by Ross BeatonFatal accident damages following Knauer – more logical and more lucrativeThe law on fixing damages awards in high-value personal injury cases has never exactly been simple.
10th March 2016 by Ross BeatonNew tenant - David SawtellWe are delighted to welcome David Sawtell to Chambers today.
9th March 2016 by Vincent DenhamNew Rules on Cost BudgetingAs of the 6th of April 2016, important new rules affecting costs budgeting come into force.
4th March 2016 by Bernard PressmanFixed Costs v Indemnity CostsLast week, the Court of Appeal, in the conjoined appeals of Broadhurst & Taylor v Tan & Smith  EWCA Civ 94, settled the argument over which type of costs were applicable in the situation where,...
29th February 2016 by Bernard PressmanLimitation in a professional negligence context: Chinnock v Wasbrough  EWCA Civ 441S.14A(9) Limitation Act 1980 provides that knowledge of whether or not any acts (or omissions) amount to negligence is irrelevant for limitation purposes.
18th December 2015 by Jane CliftonSpinal injury claim settled for £1,940,000
3rd December 2015 by Richard MenziesBrain injury claim settled for £1,040,000.
3rd December 2015 by Richard MenziesClaim for ankle fracture and arthrodesis settled for £403,000.
3rd December 2015 by Richard MenziesWhether statement of value on Claim Form and allocation to Fast Track justify a case management direction limiting the level of damages recoverable.
3rd December 2015 by Richard MenziesClaim against NHSLA settled for £653,000, where hospital failed to identify and treat compartment syndrome suffered following knee fracture.
3rd December 2015 by Richard MenziesFatal accident settled for £362,000, where road traffic accident led to heart attack and hospital failed to diagnose.
3rd December 2015 by Richard MenziesInfant settlements and success fees – taking money from a baby?As any PI practitioner will know, solicitors’ success fees, previously recoverable from Defendants, can now only be recovered from their own clients’ general damages. In infant settlement cases, where any deduction from damages requires the permission of the Court, this poses particular problems.
8th November 2015 by Ross BeatonBillett v. MoD  EWCA Civ 773 - The Ogden Tables and Smith v. ManchesterOn 23rd July 2015 the Court of Appeal considered, for the first time, the applicability of the Ogden Tables to the assessment of loss of earning capacity.
1st August 2015 by Richard MenziesStobart Group Limited v Elliott  EWCA Civ 449Another case for the CPR 3.9 library concerning what leeway (if any) be should granted to a litigant in person seeking relief from sanction.
1st July 2015 by Vaughan JacobCriminal Justice and Courts Act 2015, s.58 – “Fundamental dishonesty”Any PI or clinical negligence claim issued after 12 April 2015 will be subject to section 58 of the Criminal Justice and Courts Act 2015 which introduces a potentially far-ranging concept of “fundamental dishonesty” as a (near mandatory) reason for dismissing an otherwise valid claim.
1st May 2015 by Napier MilesFurther guidance from the Court of Appeal on the basic hire rateIn Stevens v Equity Syndicate Management Ltd  EWCA Civ 93 the Court of Appeal added to the guidance given in Pattni v First Leicester Buses Ltd;
1st April 2015 by Jane CliftonDelaney v. Minister of Transport  EWCA Civ 172This case is of significance for those dealing with road traffic accident claims and Francovich damages.
1st April 2015 by Emily DaviesJackson (Appellant) v Murray (Respondent) (Scotland) UKSC 5What principles should govern the review of an apportionment by an appellate court? The SC provides guidance on this issue in this appeal from the Scottish courts.
1st March 2015 by Vaughan JacobJX MX (By her mother and litigation friend AX MX) v Dartford and Gravesend NHS TrustThis is an important case on “anonymisation” of approval applications involving children or protected parties.
1st March 2015 by Napier MilesButcher v Southend-On-Sea Borough Council, CA(Civ Div), 30/10/14This CA case will be of interest to practitioners with an interest in slip-and-trip claims.
1st November 2014 by Vaughan JacobExpert evidence and Rome IIJurisdiction: the law applicable under Council Regulation 864/2007 (“Rome II”) in the context of a decision about expert evidence was considered in Wall v Mutuelle de Poitiers Assurances  EWCA Civ 138.
1st July 2014 by Emily DaviesDunhill v Burgin  UKSC 18In this case the SC considered whether a consent order ought to be set aside if C lacked capacity at the time it was made.
1st June 2014 by Philippa SealSection 69 of the Enterprise and Regulatory Reform Act 2013Section 69 of the Enterprise and Regulatory Reform Act 2013 (“ERRA”) changes the landscape of health and safety PI law in a major way.
1st December 2013 by Napier MilesSimson v Islington Borough CouncilThe claimant, while crossing the road, tripped on a defect in the carriageway of the road, located close to the kerb within a parking bay.
1st October 2013 by Jane CliftonHow to calculate damages for loss of use of a chattelFollowing on from the decision of Beechwood Birmingham Ltd v Hoyer Group UK Ltd  EWCA Civ 647,  Q.B. 357
22nd August 2013 by Philippa Seal and Richard MenziesUse of the 'Well-Maintained Highways' Code of PracticeIn Devon CC v TR  EWCA Civ 418 the Court of Appeal gave guidance on the use of the non-statutory code of practice produced by the Roads Liaison Group under the title 'Well-Maintained Highways'.
1st June 2013 by Jane Clifton'Fraud and Striking out in light of Fairclough v Summers '
6th May 2013 by Jane CliftonPI: Swift v Secretary of State for Justice  EWCA Civ 193The claimant (“C”) had been cohabiting with the deceased for 6 months when he was fatally injured by a 3rd party tortfeasor.
1st April 2013 by Ministry of Justice drives on with changes to fixed recoverable costs in the RTA portal schemeThe ban on referral fees in low value RTA cases and changes to the Fixed Recoverable Costs (‘FRC’) regime in the RTA portal scheme will go ahead as planned in April 2013.
1st March 2013 by Vaughan JacobUren and (1) Corporate Leisure (UK) Limited and (2) Ministry of DefenceFollowing a successful appeal by the claimant, in Uren and (1) Corporate Leisure (UK) Limited and (2) Ministry of Defence  EWHC 353
1st March 2013 by A warning for those bringing large claims for hire: Hardip Singh v Rashed Yaqubi  EWCA Civ 23Following a collision the appellant’s vehicle, valued at around £250,000, required repairs. The vehicle was owned by a business partnership and formed part of a fleet of luxury cars covered on the same insurance policy.
1st February 2013 by Sayers v Lord Chelwood and another  EWCA Civ 1715;  WLR (D) 389Between 1981 and 2000, the claimant was employed by the defendants as a gardener.
1st February 2013 by Ministry of Defence v AB and others: Awaiting appeal in the Supreme CourtWhether the Court of Appeal (1) applied the wrong legal test for knowledge in section 14 of the Limitation Act 1980, and (2) adopted the wrong legal approach to the exercise of discretion under section 33 of the Act.
1st December 2012 by Colin ChallengerMargaret Jolly (acting as Widow and Executrix of the Estate of her late husband, Stephen Jolly) v Harsco Infrastructure Services LtdMr Jolly died of mesothelioma and his widow sued his employer, who denied liability. In April 2012 the claimant made a Part 36 offer in standard format to settle liability 99% in her favour.
1st December 2012 by Napier Miles10% increase in general damages will not apply to all casesOn 26th July 2012 the Court of Appeal announced a 10% increase in general damages in all cases where judgment is given after 1st April 2013 (Simmons v. Castle  EWCA Civ 1039 - see 'The Round-Up' August 2012 for details).
1st November 2012 by Richard MenziesPart 36 offers – the safety valveCPR Rule 36.10(4) provides:
22nd October 2012 by Vaughan Jacob10% increase in general damages after 1 April 2013A 10% increase in general damages will apply to all cases involving personal injury, nuisance, defamation and all torts causing suffering and inconvenience to individuals from 1 April 2013.
1st August 2012 by Vaughan JacobInsurance: Coles v Hetheron  EWHC 1599The Commercial Court (Cooke J) has decided two preliminary issues in a test case concerning the legitimacy of RSA's repair arrangements following negligently caused damage to its insured's vehicles.
1st August 2012 by Winston JacobFraudsters beware! - Fairclough Homes (Appellant) v Summers (Respondent)  UKSC 26The Supreme Court has taken a step forward in addressing exaggerated and fraudulent personal injury claims.
1st July 2012 by Vaughan JacobParents, be warned! Emma Hughes (a Child) v Estate of Williams Deceased  1078 (QB)In a road traffic accident, what is the effect on liability of placing your child into a child car seat for which s/he does not meet the guidelines set by the manufacturer?
1st June 2012 by Civil Procedure: Court’s power to vary or revoke orders under CPR r 3.1(7)CPR r. 3.1(7) provides: “A power of the court under these Rules to make an order includes a power to vary or revoke the order.”
1st June 2012 by Winston JacobBent Back to Basics: End of the Spot Hire Rate
8th April 2012 by Vaughan JacobVolenti and AnimalsIf a horse rider foresees the risk of a horse bucking, but does not foresee the risk of violent bucking, does this defeat the defence of volenti as set out in section 5(2) of the Animals Act 1971 ('the Act')? No, as the Court of Appeal recently found in Goldsmith v Patchcott  EWCA Civ 183.
1st April 2012 by P.I: The end of a "Rolls Royce Service" in Infant Approvals? Dockerill v Tullett; Macefield v Bakos; & Tubridy v Sarwar  EWCA Civ 184The above conjoined appeals addressed the recoverability of costs under CPR 21.10(2) in an infant approval hearing. The following issues were before the CA:
1st April 2012 by Vaughan JacobDawkins v Carnival PLC  EWCA Civ 1237The Claimant (“C”) sustained soft tissue injuries to her knees and hands when she slipped on water in the cafeteria Conservatory area of the Defendant’s (“D”) cruise ship.
1st November 2011 by Update on Combat ImmunityIn the recent case of Smith & Ors v MoD  EWHC 1676, the MoD ("M") applied to strike out several claims brought in respect of the death or injury of British troops whilst on active military duty in Iraq.
1st August 2011 by Voluntary acts and the chain of causationIn Dalling v Heale & Co  EWCA Civ 365 a claimant suffered a head injury while at work due to the admitted fault of the defendant.
1st June 2011 by Jane CliftonDoes the bell again toll for Smith v Manchester Awards?In Sharma v Noon Products Ltd, 7th April 2011 (Unreported), Mr Sharma ("C") worked as an unqualified repair engineer at the Defendant's (D) factory. During repairs on a piece of machinery, the tip of his index finger was sliced off.
1st May 2011 by Elizabeth DwomohExperts: Jones v Kaney  UKSC 13The Supreme Court abolished immunity from suit in negligence of expert witnesses in relation to their participation in legal proceedings.
1st May 2011 by Winston JacobAmin v Mullings  EWHC 278 (QB)Amin involved a road traffic accident where the First Claimant (C1) and First Defendant (D1) blamed each other for the accident and both brought a claim for damages, with both parties having entered into CFA agreements.
1st March 2011 by Civil Procedure: Disclosure 1 - 0 PrivilegeTo do justice and discourage litigants from “expert shopping” the Court of Appeal in the recent case of Ricky Edward Tubbs v JD Weatherspoon PLC  EWCA Civ 136 CA, has again demonstrated a willingness to employ its wide ranging case management powers go behind the shield of a party’s privilege in a document.
1st March 2011 by Elizabeth DwomohWhen does gravel form the “fabric” of the highway?The Court of Appeal confirmed in Valentine v Transport for London & L.B. Hounslow  EWCA Civ 1358 that the removal of loose surface-lying material is not required by section 41 Highways Act 1980.
1st January 2011 by More protection from the Personal Protective Equipment at Work Regulations 1992?In Threlfall v Hull City Council  EWCA Civ 1147 the Court of Appeal overturned a decision by a judge that, where there was only a low risk of an employee suffering a laceration, an employer was not in breach of the PPE Regulations by providing light gloves which were not cut-resist
1st December 2010 by Jane CliftonCourt of Appeal case highlights a potential restriction to ‘visitors’ under the OLA 1957Jonathan Harvey v Plymouth City Council (2010). On 17th April 2003, the Claimant, H, had spent the evening drinking with friends, and shared a taxi home.
1st November 2010 by Heaton v Herzog
3rd December 2008 by Richard MenziesBarclay v British Airways Plc
3rd December 2008 by Richard MenziesCooper v Floor Cleaning Machines
3rd December 2003 by Richard MenziesMultiple Causes of Injury (Journal of Personal Injury Law, June 2003)
3rd June 2003 by