WITNESS STATEMENTS AND COST BUDGETS: "THEY WILL HAVE BECOME AN ARTIFICIAL CONSTRUCT OF THE LAWYERS"

WITNESS STATEMENTS AND COST BUDGETS: “THEY WILL HAVE BECOME AN ARTIFICIAL CONSTRUCT OF THE LAWYERS”

May 28, 2018 · by · in Civil evidence, Costs, Costs budgeting, Members Content, Witness statements

There are some interesting observations in the judgment of Chief Master Marsh in Various Claimants v MGN Ltd [2018] EWHC 1244 (Ch).  The way in which a witness statement is likely to be drafted can be considered at the cost budget…

"NOTHING SHORT OF A RECOGNISED PSYCHIATRIC INJURY CAN AMOUNT TO A PERSONAL INJURY": SECTION 33 CANNOT APPLY WHERE THE CLAIMANTS SUFFERED "FEAR"

“NOTHING SHORT OF A RECOGNISED PSYCHIATRIC INJURY CAN AMOUNT TO A PERSONAL INJURY”: SECTION 33 CANNOT APPLY WHERE THE CLAIMANTS SUFFERED “FEAR”

May 28, 2018 · by · in Applications, Civil Procedure, Damages, Limitation, Members Content, Personal Injury

The judgment of Mr Justice Stewart in Kimathi & Ors v The Foreign and Commonwealth Office [2018] EWHC 1305 (QB) (24 May 2018) considers the question of what is an “injury” for the purpose of Section 33 of the Limitation Act…

PROVING THINGS 106: YOU DIDN'T COMPLY WITH YOUR OWN RISK ASSESSMENT AND YOU WANT TO APPEAL: COURT REJECTS DEFENDANT'S ARGUMENT THAT CLAIMANT FAILED TO PROVE CAUSATION

PROVING THINGS 106: YOU DIDN’T COMPLY WITH YOUR OWN RISK ASSESSMENT AND YOU WANT TO APPEAL: COURT REJECTS DEFENDANT’S ARGUMENT THAT CLAIMANT FAILED TO PROVE CAUSATION

May 28, 2018 · by · in Appeals, Civil evidence, Members Content, Personal Injury

In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation.   On appeal the judge  rejected an argument that a claimant had failed to prove causation. The defendant’s…