127 results
9 Feb 2021 16:59
Personal Injury Newsletter – February 2021In the February 2021 edition of the personal injury newsletter: Tactical Management: Taking charge for claimants As a claimant-only advocate, Bill Braithwaite QC explains exactly why he believes that lawyers who represent severely injured claimants should understand the importance of having complete more...
3 Feb 2021 14:22
David Knifton QC and Paul Kirtley recover over £1.6m for amputeeDavid Knifton QC and Paul Kirtley from Exchange Chambers have secured damages of over £1.63m on behalf of a 63-year-old man who suffered devastating injuries in an accident at work in 2018. The Claimant was employed as a fitter, where his tasks included maintenance of large slag carts. As he was more...
27 Jan 2021 10:52
PICN Case Law updatePersonal Injury and Clinical Negligence practitioner Urd Varlo Larsen has written a case law update which considers four important personal injury and clinical negligence cases decided in 2020: First, the decisions in Barclays Bank plc v Various Claimants [2020] UKSC 13 and WM Morrison Supermarkets more...
11 Jun 2020 09:48
Secondary victim claims: what constitutes an ‘event’ in a clinical negligence action?Paul & Paul v The Royal Wolverhampton NHS Trust is the latest contest to be fought on the battleground of secondary victim claims. Justin Meiland explores the case and the possible implications here. The post Secondary victim claims: what constitutes an ‘event’ in a clinical negligence action? more...
QWOCS does not trump set off – for now
Qualified one-way costs shifting (QWOCS) gives a personal injury claimant protection from paying the defendant’s costs to the extent that those costs exceed any damages and interest awarded. But what if a costs order has been made during the proceedings in favour of the defendant. Can the defendant more...
30 Mar 2020 15:00
Brain injury solicitors report greater cooperation from insurersNew research by barristers at Exchange Chambers and brain injury rehabilitation charity, Calvert Reconnections, has examined the effectiveness of the brain injury claims and rehabilitation process through 164 in-depth interviews with claimant brain injury partners at law firms throughout the country more...
Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858: The Facts & Implications
The respondents initially made a claim for holiday sickness under the package travel regulations against the appellant. The respondents served witness statements, supported by a statement of truth, under the Pre-Action Protocol for Personal Injury Claims. The appellant subsequently discovered more...
Raising the Small Claims Track Limit from £1000.00 to £5000.00 in RTA Cases - What this means for Claimants
Ever since the general election of June 2017 the implementation of the suggested reform to the small claims track limit has been in the pipeline. It is planned that, as of April 2020, the small claims track limit will be increased to £5,000 in Road Traffic Accident Cases (RTAs). But what does this more...
4 Dec 2019 15:34
Interim payments—the court is willing, but the evidence is weak (RXK v Hampshire Hospitals NHS Foundation Trust)Personal Injury analysis: This analysis considers Master Cook’s judgment in RXK in which he sets out the circumstances in which the court will order an interim payment despite final quantification still being some years hence. It explains why this will be welcome news for claimant solicitors, even more...
13 Nov 2019 12:20
County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd)Personal Injury analysis: Where the personal injury aspect of a claim had resulted in the case being allocated to the fast track, the claimant was awarded costs to be assessed on the normal fixed costs basis under CPR 45.29B. The decision offers a useful affirmation of the default costs rules that more...
15 Oct 2019 11:52
Chris Richards successfully represents man injured in workplace accidentChris Richards from Exchange Chambers has successfully represented a man injured in a serious accident at work. The Claimant had been working for a local authority. In the moments before the accident, the Claimant had been moving forks on a forklift. The forks were heavy and difficult to move. As more...
24 Sep 2019 08:35
A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity LawyersCosts Proper management of costs and costs risks is an essential part of a personal injury practitioners’ toolkit. Professional negligence practitioners working in this field will need to be aware of the common problems that can arise when considering the costs of personal injury litigation, and the more...
16 Sep 2019 14:22
A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity LawyersLimitation Questions of limitation in underlying clinical negligence or personal injury cases are frequently the subject matter for consequent professional indemnity litigation. Time limits for injury cases are different from elsewhere in the law and can give rise to particularly complicated issues more...
11 Sep 2019 16:04
We are Recruiting!!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
29 Aug 2019 09:01
Adding Insult to InjuryA rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers Under-settlement and Quantum Where does all the money go in a high value personal or medical injury claim? The principal heads of loss are care and case management, accommodation, aids and more...
21 Aug 2019 14:44
‘With great power comes great responsibility’ – contributory negligence post-MontgomeryRegardless of whether one attributes this famous quote to Voltaire or Spider-Man, the sentiment is the same. Power and responsibility should be in equilibrium. More power than responsibility leads to decision-making with little concern for the consequences and more responsibility than power leads to more...
14 Aug 2019 10:36
Recent claim success: dangers on your doorstepI recently acted for a client in connection with a claim against Essex County Council as a result of an accident on the highway. The facts of this case are relatively straightforward but there were some slightly unusual factors afoot. The facts The accident happened at the bottom of the claimant’s more...
12 Aug 2019 14:59
Clinical records do not necessarily trump lay evidenceCXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB) There is no general principle that the courts should prefer assertions contained in clinical records over factual accounts in witness evidence. That was the view of His Honour Judge Gore QC (sitting as a Deputy High Court Judge), more...
12 Aug 2019 14:26
How outdoor activities can support individuals in their recovery from brain injuryI’ve spent the last quarter of a century seeing families with catastrophic brain injury; the main focus of our discussion is that the family need to have a plan for the whole of the injured person’s life, even if that stretches over 50 years ahead. Because most of my clients are too badly injured to more...
7 Aug 2019 11:43
Kerry Broome prosecutes drug-driver who killed university lecturerOn 9th October 2018, Luke McErlean’s Mercedes collided with the rear wheel of Dominic Bassett’s motorbike. Mr Bassett suffered a severe traumatic brain injury with neck and spine injuries; his family made the decision to take him off life support and he died on 19th October. At the Central Criminal more...
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