87 results
14 Jan 2019 15:53
UKABIF appointment for Gerard Martin QCThe United Kingdom Acquired Brain Injury Forum (UKABIF) has appointed Gerard Martin QC from Exchange Chambers as the new chair of its North West and Wales committee. UKABIF aims to promote better understanding of all aspects of ABI; to educate, inform and provide networking opportunities for more...
9 Jan 2019 16:46
£1.7m award for David Knifton QC and Simon VaughanFollowing lengthy negotiations in a Joint Settlement Meeting in South Wales, David Knifton QC and Simon Vaughan have secured an award of damages of £1.7m on behalf of a young woman who suffered a severe brain injury and multiple fractures to her pelvis and leg whilst travelling as a passenger in a more...
Can't see the wood for the trees?
As part of my property work, I have recently needed to research the law relating to trees. A small registered company owned by residents of a “country house development” of about 15 properties has extensive grounds which are laid out to parkland. The directors were concerned as to the company's more...
9 Jan 2019 13:49
Record Damages for David Knifton QCIn the calendar year 2018, his first year in silk, David Knifton QC has achieved damages on behalf of his clients totalling over £30m. Highlights of the year included: A total award worth more than £7m for a Navy helicopter pilot who suffered a severe brain injury when he fell from the flight deck more...
8 Jan 2019 13:48
Susan Jones successfully opposes High Court Appeal challenging both Procedural Matters and Findings of FactSusan Jones successfully opposed High Court Appeal before Mrs Justice Lambert. Arising out of a Public Trial, at which Susan acted for the Claimant at First instance, the Appellate Local Authority challenged a decision of a Circuits Judge on 5 Grounds, which Susan categorised under two headings: more...
22 Nov 2018 14:07
Matthew Stockwell addresses Serious Injury Guide Stakeholder WorkshopMatthew Stockwell from Exchange Chambers was a speaker at today’s “Serious Injury Guide – Stakeholder Workshop”, hosted jointly by the Forum of Insurance Lawyers (FOIL) and the Association of Personal Injury Lawyers (APIL) in London. Matthew delivered a joint presentation with Andrew Underwood, more...
19 Nov 2018 12:48
Counterclaim Costs Conundrums – the application of QOCS to Defendants counterclaiming in personal injuryIn County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against more...
13 Nov 2018 16:52
David Knifton QC secures £3.9m settlement for motorcyclistAt a settlement meeting held at the end of last month, David Knifton QCnegotiated an award of £3.9m for a motorcyclist who suffered life-threatening injuries when he was involved in a collision with an oncoming car, which was overtaking other vehicles on the wrong side of the road. The closing speed more...
2 Nov 2018 09:32
No5 Barristers' Chambers earns top rankings in Chambers UK Bar Guide 2019No5 Barristers’ Chambers is delighted that its members and practice areas continue to receive Band 1 ranking in the 2019 edition of the Chambers UK Bar Guide. This year’s guide sees 100 ranked barristers within the set, 12 Band 1 Silks and 23 Band 1 Juniors. Christopher Young QC gains “New Silk”, more...
1 Nov 2018 16:40
Chambers UK Bar 2019 ListingsWe are delighted to have five Ranked Departments and 28 Ranked Barristers in the latest edition of Chambers UK Bar. The Court of Protection: Health & Welfare listing states “Members are widely recognised for their work at the cutting edge of developing the law in the Court of Protection.” Joseph more...
31 Oct 2018 14:00
Case report – Infant settlementThe case is subject to an anonymity order. In early September this year the High Court approved terms of settlement on behalf of my infant Claimant involving a lump sum of £9,000,000 and periodical payments of £325,000 for care and case management, which when grossed up came to a little over £20 more...
30 Oct 2018 15:18
“Hardwicke is a first division operation with great strength in depth” – Hardwicke achieves excellent results in Legal 500 2018Hardwicke is delighted to report excellent results in the 2018 edition of Legal 500. A new recommendation as a leading set for Insurance and Reinsurance has been added to Hardwicke’s recommendations as a leading set for Construction, Personal Injury, Professional Negligence, Property Litigation and more...
30 Oct 2018 11:33
Trick or Treat: Could you be liable this Halloween?As children and their parents blow the cobwebs off their costumes this Halloween ready to threaten unimaginable horrors if not rewarded with chocolate and sweets, it is time to perhaps think about hidden booby traps. Whether you see this tradition as fun and games or a feast of mass consumerism more...
29 Oct 2018 16:45
Travel Sickness ClaimsOver the last few years travel sickness claims have increased by 500% despite reports of sickness in resorts having remained stable or having decreased.[footnote 1] Unsurprisingly, there has been much media attention as to the rise in the numbers of travel sickness claims. The recent Court of Appeal more...
29 Oct 2018 13:35
Protection for solicitors against direct
settlement out of costs when acting under a
CFA Lite in RTA Protocol casesI. Introduction 1. On 18 April 2018 the Supreme Court gave judgment in the case of Gavin Edmondson Solicitors Limited v Haven Insurance Company Limited [2018] UKSC 21 in which it considered the principles applicable on an action for recovery of costs by solicitors, against a third party insurer more...
18 Oct 2018 15:26
Chris Barnes secures high value settlements for below knee amputeesChris Barnes from Exchange Chambers has secured two high value settlements for below knee amputees. In the first case, Chris’ client, a 20-year-old man, was injured in a road traffic accident. After a series of operations, he underwent transtibial (below knee) amputation. Chris and his instructing more...
16 Oct 2018 15:25
Bellman v Northampton Recruitment Limited: vicarious liability revisitedThe Court of Appeal has allowed the Claimant’s appeal in Clive Bellman (A Protected Party By His Litigation Friend Nick Bellman) v Northampton Recruitment Limited (2018) EWCA Civ 2214, in a decision that involves a redrawing of the limits of vicarious liability for the violent conduct of an employee more...
10 Oct 2018 15:11
Personal Injury Newsletter – October 2018In the October 2018 edition of the personal injury newsletter: Lump sum awards for loss of earnings David Knifton QC examines the recent case of Irani v Duchon and its relationship to loss of earnings calculations using the Ogden Tables Bolam is dead, long live Bolam! Originally published in the more...
Kids will be kids: What is the extent of the duty owed by schools to their pupils?
How far does the duty of care owed by schools to pupils extend? We were all familiar with the shouts of ‘WALK! Don’t run’ from teachers as we careered around school corridors. But can failure to echo this stern warning amount to a breach of duty? The High Court turned its mind to the issue in Pook v more...
UNFETTERED DISCRETION TO DETERMINE FUNDAMENTAL DISHONESTY AFTER DISCONTINUANCE
Whether allegations of fundamental dishonesty should be determined after discontinuance is subject to a wide and unfettered discretion of the judge, referable only to the circumstances of the case and the overriding objective. There is no requirement within the rules for there to be exceptionality: more...
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