PROVING THINGS 151: DEPENDENCY IN A FATAL ACCIDENT ACT CLAIM: ADULT CHILD DEPENDANTS RECEIVE DAMAGES FOR FUTURE CONTRIBUTIONS TO WEDDINGS AND TOWARDS THEIR FIRST HOME
In AB v KL [2019] EWHC 611 (QB) David Edwards QC (sitting as a judge of the High Court) considered the nature of the evidence needed to establish damages under the Fatal Accidents Act 1976. It is also important both…
FATAL ACCIDENTS: PROPOSED AMENDMENTS TO BEREAVEMENT PAYMENTS : ADVANCE NOTICE FOR LECTURES LATER IN THE YEAR (AND A NEW EDITION OF A BOOK…)
The government is, at long last, putting forward a draft remedial order to amend Section 1A of the Fatal Accidents Act 1976. This would allow cohabitees, who have been living together for more than two years, to recover the statutory…
PROVING THINGS 147: CLAIM FOR NOT PURSUING NEGLIGENT SOLICITORS LEADS TO NOMINAL DAMAGES ONLY: NO DAMAGES FOR “LOSS OF CHANCE”
The judgment in Waraich & Anor v Ansari Solicitors (A firm) [2019] EWHC 1038 (Comm) HHJ Pearce also contains yet another example of claimants failing to prove any loss at trial. There was no evidence to support any claim for…
WHEN AN EXPERT RELIES ON MATTERS FROM THE INTERNET FOR MATTERS OUTSIDE THEIR EXPERTISE THEN YOUR CASE IS LIKELY TO FALL APART: THE CIDER HOUSE RULES
I am returning to the decision of HHJ Paul Matthews (sitting as a High Court Judge) in Devon Commercial Property Ltd v Barnett & Anor [2019] EWHC 700 (Ch). Here was are looking at the judge’s view of one of the experts….
PROVING THINGS 146: NO EVIDENCE AT ALL TO PROVE A LOSS, OR THAT THE DEFENDANT CAUSED ANY “LOSS” (THIS IS BECOMING A FAMILIAR STORY)
The number of people who are willing to commit to large scale, and expensive, litigation without having the basic evidence to prove their case on damages has proven to be a staple fare for this series. Another example is the…
WHAT’S IN A NAME? “PAYOUTS”, “WINS” AND THE SERIOUSLY INJURED CLAIMANT
As lawyers we know, or should know, the dangers of putting pejorative labels on things. In litigation we are fortunate in that an attempt to label parties, or issues, pejoratively, often backfires. However we often see the pejorative labelling of…
PERMISSION TO AMEND GIVEN TO PLEAD COSTS PAID IN PREVIOUS ACTION AS DAMAGES: GAMBLING ON GETTING A SECOND CHANCE
In Playboy Club London Ltd v Banca Nazionale Del Lavora SPA [2019] EWHC 303 (Comm) the High Court granted the claimant permission to amend to include, as a claim for damages, the costs of a previous action. “I have come to…
EXAGGERATION IS NOT NECESSARILY FUNDAMENTAL DISHONESTY: WHEN THE DEFENDANT DIGS A BIG EVIDENTIAL HOLE FOR ITSELF
The judgment of HHJ Hampton in Smith -v- Ashwell Maintenance Limited (Leicester County Court 21/01/2019) is available through a Linked In post provided by barrister Andrew Mckie. It provides a number of lessons for those collecting evidence. In a case where…
PROVING THINGS 141: CREDIBILITY WAS IMPORTANT IN CLAIM FOR DAMAGES AGAINST SOLICITORS: SUPREME COURT RESTORES DECISION OF TRIAL JUDGE
In Perry v Raleys Solicitors [2019] UKSC 5 the Supreme Court restored the decision of the trial judge in relation to damages. One of the key issues was whether the Court of Appeal was correct to overturn the trial judge’s factual…
CLAIMANTS IN A FATAL ACCIDENT CLAIM HAVE NOT “WON” ANYTHING: SETTLEMENT OF ACTION APPROVED: DETAILS KEPT CONFIDENTIAL
In Correa & Ors v BP Plc & Ors [2019] EWHC 232 (QB) Mrs Justice Yip approved damages in a fatal accident case. The judgment provides a great deal of anonymity but gives a real indication of the difficulties involved. “The…
PERIODICAL PAYMENTS, ASBESTOS CASES AND THE CONDUCT OF LITIGATION: AMBUSH IS TO BE AVOIDED
In the judgment today in Howard v The Imperial London Hotels Ltd [2019] EWHC 202 (QB) Master Thornett had to consider whether periodical payments were suitable for someone with a very short life expectancy. The judgment is a careful and sensitive…
PROVING THINGS 140: SPECULATIVE EVIDENCE NOT ENOUGH TO PROVE A “LOSS OF CHANCE”
In Dymoke v Association for Dance Movement Pyschotherapy UK Ltd [2019] EWHC 94 (QB) Mr Justice Popplewell found that a claimant had not adduced sufficient evidence to prove a “loss of chance” in a claim for damages. This shows that a…
DEFENDANT’S APPLICATION FOR PRE-ACTION DISCLOSURE REFUSED: AN ORDER WOULD NOT SAVE COSTS OR ASSIST THE DISPUTE TO BE RESOLVED WITHOUT PROCEEDINGS
In Lacey v Leonard [2018] EWHC 3528 (QB) Mrs Justice Slade DBE upheld a decision refusing the defendant’s application for pre-action disclosure. The primary ground for refusal was that disclosure of medical records, and various documents relating to employment, would not…
CIVIL LITIGATION REVIEW OF 2018 2: CASE OF THE YEAR: HOW WINNING ON A PRELIMINARY ISSUE CAN LEAD YOU UP THE GARDEN PATH
There are no objective criteria for selecting case of the year. This year I have chosen Burges & Anor v Lejonvarn [2018] EWHC 3166 (TCC). This case is a classic illustration of a basic failure to prove things. It is of central…
PROVING THINGS 134: WINNING A FEW BATTLES BUT LOSING THE WAR: ALL IS NOT ROSY IN THESE CLAIMANTS’ GARDEN
Law students have probably already been taught, and will be lectured for generations to come, about the implications of the Court of Appeal decision in Lejonvarn v Burgess & Anor [2017] EWCA Civ 254. If any of those law students plan…
PROVING THINGS 130: BY THE TIME OF TRIAL YOU SHOULD REALLY KNOW WHAT YOU HAVE LOST: SOME OF THESE CLAIMANTS MAY HAVE SUFFERED NO LOSS AT ALL
The final paragraphs of the judgment in Anderson & Ors v Sense Network Ltd [2018] EWHC 2834 shows that some of the claimants in that case were unable to establish their losses. Indeed two of the claimants may have suffered no…
SUCCESSFUL PRE-ACTION DISCLOSURE APPLICATION BY DEFENDANTS: CLAIMANTS HAD TO GIVE INFORMATION AS TO IMPECUNIOSITY
In EUI Ltd v Charles & Ors [2018] EW Misc B7 (CC) HHJ Robert Harrison made an order that claimants give pre-action disclosure of documents relevant to the issue of impecuniosity. The practical consequences of this decision could be enormous. Given…
A POSSIBLE SOLUTION WHEN A DEFENDANT IN A PI CASE WILL NOT PAY: LOOK AT YOUR OWN CLIENT’S HOME INSURANCE POLICY
I am repeating something that has appeared in this blog twice already. However it is a topic that that has featured in recent legal discussions on Twitter. That is the use of your own client’s home insurance policy to recover damages…
WHY SOLICITORS’ ATTENDANCE NOTES CAN BE IMPORTANT: CONSTRUING A CONSENT ORDER: DICTIONARIES AND REASONABLENESS
In Hague v British Telcommunications Plc (Immunotherapy : Reasonableness of Treatment : Private Dictionary Principle) [2018] EWHC 2227 (QB) Master Thornett had to construe the terms of a consent order. It is a case that emphasises the importance of attendance notes. …
PROVING THINGS 125: THE IMPORTANCE OF KEEPING YOUR OWN EXPERT IN THE LOOP: ALSO THE IMPORTANCE OF READING AN EXPERT’S NOTES
In Swift v Carpenter [2018] EWHC 2060 (QB) Mrs Justice Lambert gave a lengthy judgment in a high value personal injury case. One interesting aspect of that case is the problems caused by the defendant’s expert evidence on care. An additional…