WHEN CPR 3.10 CAN HELP: PROCEEDINGS HAD BEEN “ISSUED” ALBEIT IMPERFECTLY AND THE SITUATION COULD BE REMEDIED (TO THE CLAIMANT’S DETERIMENT IN THIS CASE)
I have written before about the “heavy lifting” that sometimes takes place when practitioners attempt to invoke CPR 3.10. Here we look at a case where CPR 3.10 was used to condemn a claimant who had used the wrong procedure…
EXPERT WATCH 14: THERE WERE “TOO MANY IMPONDERABLES” TO FORM A VIEW THAT THE INJURIES WOULD HAVE BEEN REDUCED IF A CAR HAD BEEN DRIVEN AT A LOWER SPEED
The judge in this case considered whether the medical evidence established that driving at a lower speed would have “significantly reduced” the injuries that the claimant suffered. This is often a difficult matter to prove. (The evidence on whether…
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