RECENT CASES ON LOSS OF EARNINGS: WHAT YOU NEED TO KNOW: WEBINAR 21st NOVEMBER 2022
I am presenting a webinar “Recent Cases on Loss of Earnings: What you need to know” on the 21st November. Booking details are available here. THE WEBINAR This webinar looks at recent cases in relation to loss of earnings and…
A CLAIMANT NOT CLAIMING A CONTRIBUTION FROM THEIR PARTNER FOR HOUSING COSTS HAS NOT UNREASONABLY FAILED TO MITIGATE THEIR LOSS
An interesting point as to damages (and also as to evidence and pleadings) arose in the judgment in Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB). The claimant required accommodation as a result of his injuries. The…
PROVING THINGS 239: THE APPROPRIATE APPROACH TO LOSS OF EARNINGS WHEN A CLAIMANT IS DISABLED
We are looking again at at the judgment of David Allan KC (sitting as a Deputy High Court Judge) in Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB). This time in relation to the claim for future loss…
PROVING THINGS 238: THE ABSENCE OF EVIDENCE ON LIFE EXPECTANCY LEADS TO A PREDICTABLE RESULT
There are several reasons I want to look at the judgment of David Allan KC (sitting as a Deputy High Court Judge) in Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB). The first reason relates to the…
COURT OF APPEAL DECISION ON THE ROAD TRAFFIC PROTOCOL: INSURERS SHOULD KNOW THE RULES, AND CAN’T COMPLAIN WHEN THEY ARE APPLIED
In The London Borough of Islington -v- Borous [2022] EWCA Civ 1242 the Court of Appeal rejected two appeals from defendants in relation to car hire/replacement charges where damages were considered within the Road Traffic Protocol. The judgment contains a detailed…
AVOIDING UNDER-SETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS: WEBINAR 20th SEPTEMBER 2022
A webinar on “avoiding undersettlement” for personal injury lawyers is being held on the 20th September 2022. Booking details are available here. “We go back through your claim in fine detail and if we find that your previous solicitor…
PROVING THINGS 237: FAILURE TO PROVE A NUISANCE: NO LOSS OF INCOME WHEN YOU WOULD NOT HAVE BEEN ABLE TO EARN IT
The judgment of HHJ Russen QC (sitting as a High Court Judge) in Ray v Windrush Riverside Properties Ltd [2022] EWHC 2210 (TCC) gives two examples relevant to the “Proving Things” series. Firstly the claimant failed to prove a nuisance….
COURT AWARDS CLAIMANT DAMAGES FOR HARASSMENT: FORTHCOMING WEBINAR ON THE LAW OF HARASSMENT AND THE PERSONAL INJURY LAWYER
In Thomas Hodson Hodson Developments Ltd v Person Unknown & Ors [2022] EWHC 1960 (QB) Mr Justice Jay awarded damages in a case where he found that the defendants had harassed the claimant. An award was made for general damages…
THE FIRST TIME YOU MAKE A CLAIM FOR DAMAGES – SHOULD NOT BE IN THE DRAFT ORDER AFTER THE COURT OF APPEAL HEARING
There is an interesting short judgment of the Court of Appeal in BG & Anor, R (On the Application Of) v Suffolk County Council (Consequentials) [2022] EWCA Civ 1053 relating to an attempt by the successful party to put an…
PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: THE IMPORTANCE OF RECENT DEVELOPMENTS: WEBINAR 9th SEPTEMBER 2022
This webinar looks at recent cases in relation to periodical payments and provisional damages and considers their practical implications for personal injury practitioners. Booking details are available here. WEBINAR CONTENTS Cases to be considered include: The decision in Mathieu v…
THE ESTATE OF A DECEASED PERSON CAN BE SUBSTITUTED AS A PARTY WHEN THERE IS A PROVISIONAL DAMAGES ORDER: HIGH COURT DECISION TODAY
In Power v Bernard Hastie & Company Ltd & Ors [2022] EWHC 1927 (QB) Mr Justice Johnson held that the estate of a claimant who had obtained an provisional damages order can take advantage of that order. The order was…
CLAIMANT FOUND TO BE FUNDAMENTALLY DISHONEST WHEN GIVING EVIDENCE ABOUT A BICYCLE
My attention has recently been drawn to the judgment of HHJ Ralton in Darnley -v- Cornish 2021 WL 04760420. The judge, on appeal, overturned a finding that a claimant, who had misled the court as to ownership of a bicycle…
WEBINARS ON KEEPING YOUR COOL: UNDERSETTLEMENT, PROCEDURAL PITFALLS AND LIMITATION PROBLEMS: AVOIDING MATTERS HEATING UP WHEN THE HEATWAVE IS OVER
In September I am presenting a number of webinars with the theme of “avoiding problems”. These are avoiding undersettlement: avoiding procedural pitfalls and avoiding problems with limitation. “AVOIDING UNDERSETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS” 19th September 2022 …
NINE YEARS ON V: 2018: THE GARDEN THAT COST A LOT: CLAIMANTS SOUGHT £360,000 – AND RECEIVED NOTHING… EXCEPT A BILL FOR £2 MILLION
A prominent QC tweeted recently that, when he was waiting for a court judgment to be delivered, his greatest fear was that the case would end up in the “Proving Things” series on this blog. Today we look a post…
NINE YEARS ON 1: SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?
People were very kind about the 9th anniversary of the blog. I have decided to extend the celebrations slightly by taking a post from each of the nine years. This was the second ever post on the 25th June 2013. …
THE REDUCTION OF A SUCCESSFUL CLAIMANT’S COSTS BECAUSE OF CONDUCT: RELEVANT CALDERBANK OFFERS CONSIDERED: RECOVERABLE COSTS REDUCED BY 15% AND 60%
In Mathieu v Hinds & Anor (No. 2: Costs) [2022] EWHC 1624 (QB) Mrs Justice Hill reduced a claimant’s recoverable costs. An initial 10% reduction was made because of the pursuit of a claim for provisional damages which was not…
SIMMONS -V- CASTLE 10% UPLIFT APPLIES TO DAMAGES FOR BREACH OF REPAIRING COVENTANT: COURT OF APPEAL DECISION TODAY
In Khan v Mehmood [2022] EWCA Civ 791 the Court of Appeal held that the 10% uplift in s.44(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 applied to damages for breach of a repairing covenant. “……
DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY: WEBINAR 21st JUNE 2022
This webinar looks at the difficult, but important, issue of how the courts award damages when a claimant has reduced life expectancy as a result of their injuries. Booking details available here. TOPICS TO BE COVERED What is the…
THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 15th JUNE 2022
This webinar looks at the problems and issues faced by a child who has suffered the loss of parents or carers. It looks at the position when children are the sole claimants, have a dependency claim as part of a…
THE COMPENSATION RECOVERY UNIT, LISTED AND UNLISTED BENEFITS
I gave a webinar earlier today in relation to deductions from damages. One of the issues considered was the problems caused by Universal Credit. There is an important distinction, in law, between “listed” benefits – which are subject to CRU…