87 results
20 Jun 2019 12:23
Case note: Fundamental dishonesty in injury litigationAndrew Lawson has written a note on ‘The Potential Weapon of Fundamental Dishonesty in Personal Injury Litigation‘, after a case at Middlesbrough Crown Court. He was instructed by Nicholas Colgan of Horwich Farrelly Solicitors, Manchester. Read the article here. more...
5 Jun 2019 14:10
Simon Vaughan successfully defends Council against £1 million compensation claimSimon Vaughan from Exchange Chambers, instructed by Forbes Solicitors, has successfully defended Blackburn and Darwen Council against a £1 million compensation claim. Nadia Nazir, 40, took legal action demanding compensation totalling £990,631 to cover damages and care costs after she was injured in more...
13 May 2019 09:50
Update: Bereavement DamagesBereavement damages have been in the spotlight again following the recent decision of the Court of Appeal in the case of Smith v Secretary of State for Justice. Bereavement awards in England and Wales are provided for under the Fatal Accidents Act 1976. The current award is limited to the sum of £12 more...
9 May 2019 15:52
Exaggeration in personal injury claims: does Smith v Ashwell Maintenance indicate that the landscape is changing for Defendants?Introduction The judgment in Smith v Ashwell Maintenance Ltd [2019] 1 WLUK 541 (23/1/19) may only be a County Court judgment. But it should catch the attention of PI practitioners: it appears to suggest that there is a type of dishonest exaggeration which need not fatally damage a claim. The more...
30 Apr 2019 13:50
Straining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury proceedingsAmendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings. You act for someone who is vulnerable as a result of a serious brain injury. Her claim more...
11 Apr 2019 13:25
Brain damaged fan could be given season ticketSimon Crabtree represented a Liverpool fan who may be given Anfield season tickets as part of his care package. The man, who cannot be named for legal reasons, was left disabled after suffering serious brain damage in an accident when he was a teenager. He is in a care home and his solicitor, who more...
11 Apr 2019 08:22
Personal Injury Newsletter – April 2019In the April 2019 edition of the personal injury newsletter: ADR in clinical negligence Bill Braithwaite QC examines the use of mediation in clinical negligence claims. Experts’ agendas – a warning from the Bench The apparently increasing practice of solicitors providing experts with two agendas more...
9 Apr 2019 08:27
What does it take to prove CRPS?This article was originally published in October 2018 by the Personal Injury Law Journal published by Legalease Limited. I pose the question because in a case called Ruffell v Lovatt in April 2018, a county judge – the designated civil judge in Winchester, HHJ Iain Hughes QC – found that CRPS or more...
8 Apr 2019 11:05
Important new Court of Appeal guidance on recovery success fees and ATE post LAPSO: Herbert v HH Law [2019] EWCA Civ 527Introduction The Court of Appeal’s decision in Herbert v HH Law is of great importance for solicitors and their clients. The claim giving rise to the costs was a modest RTA. Ms. Herbert was injured when her vehicle was shunted by a bus in October 2015. She engaged HH Law solicitors and signed a more...
3 Apr 2019 09:34
Refusing Medical Treatment: Evidencing UnreasonablenessImagine this fairly typical scenario. A claimant sustains a soft tissue injury to the shoulder as a result of a road traffic accident. A course of physiotherapy is undertaken and at nine months post-accident the claimant attends for examination on a medico-legal orthopaedic expert. The expert finds more...
27 Mar 2019 09:50
‘Dr Evil’ jailed for 40 months over unlicensed body modification proceduresThe practitioner of controversial body modification procedures has been sentenced to 40 months in prison following a prosecution case presented by Jonas Hankin QC, of No5 Barristers’ Chambers. He acted for the prosecution in a body modification case in which Brendan McCarthy admitted three counts of more...
25 Mar 2019 12:54
Defending a legal claim against youWe talk a lot about how we can help if you have suffered injuries and financial losses as a result of an accident that wasn’t your fault. But we receive a significant amount of enquiries from people who have received court documents through the post. Receiving court documents through the post can more...
14 Mar 2019 09:33
Deputy District Judge AppointmentsChambers are delighted to congratulate Andrew Worthley (South Eastern Circuit), James Bax, Sarah Evans and David Lidbury (Western Circuit) and Pakeeza Rahman (Midlands Circuit) who have all been appointed by the Lord Chief Justice as Deputy District Judges. Very well done!! more...
28 Feb 2019 12:22
Will Waldron QC and Chris Gutteridge secure £1.7 million for motorcyclistWill Waldron QC and Chris Gutteridge have secured compensation of £1.7 million for a motorcyclist who suffered catastrophic injuries after a road accident in Hampshire in 2015. The Claimant underwent a below-knee amputation on the right and suffered a significant injury to his left ankle. The more...
12 Feb 2019 13:56
FUNDAMENTAL DISHONESTY IN A £MULTI-MILLION PI CLAIMIn a recent case, Andrew Lawson pleaded a detailed Counter schedule of loss to raise concerns about the honesty of the Claimant who had presented a massively increased claim for future loss of earnings at £6.6 million pounds, just three months before trial. The Claimant worked as an osteopath in more...
5 Feb 2019 12:23
3PB takes on new highly experienced personal injury and clinical/dental negligence specialist lawyer3PB is pleased to announce its recruitment of barrister Sarah Mynard, a highly successful personal injury litigator and solicitor-advocate who has been the director of Wisdom Law, her own dental negligence practice since 2009. Sarah has over 25 years experience, qualifying as a solicitor in 1991 and more...
1 Feb 2019 13:36
“A reversion to the bad old days”: what can you get away with ‘not admitting’?The Court of Appeal has provided recent guidance in SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2019] EWCA Civ 7 on the extent of a defendant’s duty to make enquiries of third parties before that defendant may ‘not admit’ an allegation. This note examines that decision and its more...
29 Jan 2019 11:13
Personal Injury update published by 3PBThe Personal Injury team has published its latest update including the latest on the Commons amendments regarding the Civil Liability Bill as considered by the House of Lords in November 2018. Read the full update here more...
28 Jan 2019 11:24
Amputation/subsequent prosthetic use in cases of Chronic Regional Pain SyndromeHeadline 1. Chris Bright QC and Paul Evans of No5 Chambers, instructed by Laura Harper of Thompsons Solicitors Birmingham, recently acted for a Claimant in an unusual and interesting claim in which a claimant suffering from Complex Regional Pain Syndrome (“CRPS”) underwent an elective left more...
24 Jan 2019 10:00
Laird supporting the Modern Law AwardsWe're looking forward to the Modern Law Awards at the end of this month. This year we're sponsoring the awards, which we consider important to support the legal industry. We've won a few awards here over the years, but this time we have forgone any nominations as we’re both sponsoring the event and more...
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