DAMAGES IN ANTICIPATION OF DEATH AND DAMAGES FOR LOSSES PRIOR TO DEATH: WEBINAR 12th AUGUST 2024
This webinar looks at the difficult areas of (i) losses in anticipation of death, when a claimant has a reduced life expectancy; (ii) losses prior to death, including financial losses and pain and suffering. It provides practical guidance on order…
CHILDREN AND FATAL ACCIDENT LITIGATION 2024: KEY ISSUES CONSIDERED: WEBINAR 6th AUGUST
There are particulars challenges and difficulties facing a practitioner in cases where children are the only or primary dependants in a fatal claim. This webinar addressed the key issues, in relation to the law, practice and procedure and helping with…
RECENT CASES IN FATAL ACCIDENT LITIGATION – WHAT CAN WE LEARN FROM THEM? WEBINAR 30th JULY 2024
This webinar looks at recent cases in relation to liability, quantum and damages involving fatal accident victims. It enables us to spend enough time looking at each case in detail, in particular the evidence that was adduced and the conclusions…
FOUR WEBINARS ON FATAL ACCIDENT LITIGATION: CORONERS; RECENT CASES; CHILDREN AND FATAL CLAIMS & DAMAGES IN ANTICIPATION OF DEATH
There are four webinars over the next four weeks dealing with key elements of fatal accident litigation. An introduction to the coroner’s court for personal injury and clinical negligence lawyers 23rd July 2024 This webinar is an introduction to the…
FUNDAMENTAL DISHONESTY AND SUBSTANTIAL INJUSTICE: THE CLAIMANT “HAS ONLY HIMSELF TO BLAME” IN LOSING £1.2 MILLION IN DAMAGES
I am grateful to barrister Matthew Snarr for sending me a better copy of the judgments of HHJ Sephton KC (sitting as a High Court Judge) in Shaw -v- Wilde, a copy of that judgment is available here Shaw v Wilde Final…
YOU SIGNED IT – YOU OWN IT: CLAIMANT IN £1.2 MILLION CLAIM FOUND TO BE FUNDAMENTALLY DISHONEST AND RECOVERS NOTHING
I am grateful to barrister Matthew Snarr for sending me a copy of the judgments of HHJ Sephton KC (sitting as a High Court Judge) in Shaw -v- Wilde, copies of those judgments are available here shaw-v-wilde-judgment . I will…
CHOOSING ONE POST FROM THE “PROVING THINGS” SERIES: CLAIMANTS SEEK SUBSTANTIAL DAMAGES – BUT RECOVER £2.00
As part of the looking back series this week I have chosen a case from the “Proving things” series in June 2017. The post looked at the judgment of HHJ Paul Matthews (sitting as a High Court Judge) in Jones -v- Oven…
IS ANYTHING IMPORTANT HAPPENING ON THE 4TH JULY? WEBINAR ON CONTRIBUTORY NEGLIGENCE – RECENT CASES
There is a danger that this webinar may be overshadowed by other events on the day. This webinar considers the law and practice in relation to contributory negligence. Booking details are available here. THE WEBINAR The webinar considers the…
FATAL ACCIDENT ACT DAMAGES: THE DANGERS WHEN A JUDGE DOES NOT FOLLOW THE ESTABLISHED APPROACH: CLAIMANT’S APPEAL AGAINST “OFF PISTE” METHODOLOGY ALLOWED
In Price v Marston’s PLC [2024] EWHC 1352 (KB) Mr Justice Griffiths overturned a trial judge’s assessment of fatal accident damages because there was a failure to follow long established principles of calculation of loss. The case is an important…
AVOIDING UNDERSETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS: WEBINAR 4th JUNE 2024
This webinar looks at those cases where allegations of under settlement have been made against claimant solicitors, looking at the factors that lead to a court finding whether there was negligence when a case was settled or litigated. Booking details…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER 2024 : WEBINAR 13th MAY 2024
The making of an early Part 36 offer can cause major problems for claimants and their lawyers. An understanding of the rules, the relevant cases and the steps that need to be taken when a Part 36 offer is made…
PROVING THINGS 238: TAX AND FILMS: A DANGEROUS MIX – BUT THE CLAIMANTS FAILED TO PROVE THEY HAD LOST ANYTHING
In Upham & Ors v HSBC UK Bank PLC [2024] EWHC 849 (Comm) Mr Justice Bright considered the losses said to be suffered by a number of claimants who had invested in a tax deferment scheme. Most of the claimants…
DEFAULT JUDGMENT AGAINST SOME, BUT NOT ALL, DEFENDANTS: WHEN SHOULD THE COURT ENTER JUDGMENT FOR A SPECIFIED SUM?
In Justice Investments Ltd v Visalia Enegia SL (t/a Nace) [2024] EWHC 815 (KB) Master Dagnall considered the question of whether judgment in default should be entered for a specified sum. The Master held that the fact that the claimant…
THE KEY CASES IN FATAL ACCIDENT DAMAGES: WEBINAR 19TH APRIL 2024
The means of assessment of fatal accident damages is not set out in the Fatal Accident Act, but is set out in case law. A knowledge of the case law is essential to all those involved in fatal accident litigation. …
FUNDAMENTAL DISHONESTY: “SUBSTANTIAL INJUSTICE” CONSIDERED IN DETAIL: HIGH COURT DECISION TODAY
In the judgment given today in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Mr Justice Ritchie dismissed the claimant’s claim as being fundamentally dishonest. The judgment contains a detailed consideration of the issues relating to the…
SUPREME COURT JUDGMENT TODAY: WHIPLASH TARIFF INJURIES AND COMMON LAW DAMAGES: HOW SHOULD THE COURT DEAL WITH “MIXED” CLAIMS
In Hassam & Anor v Rabot & Anor [2024] UKSC 11 the Supreme Court rejected the defendant’s appeal against the way in which damages are assessed. It upheld the the majority view of the Court of Appeal that the Civil…
A SERIES OF FOUR WEBINARS TO TAKE YOU THROUGH LAW AND PRACTICE RELATING TO FATAL ACCIDENTS
In March and April 2024 I am presenting four webinars which take practitioners through the major issues relating to law and procedure in Fatal Accident Act claims. All of those who subscribe to the webinars will receive comprehensive questionnaires for…
DEALING WITH THE COUNTER-SCHEDULE AND COUNTER ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 14th MARCH 2024
This webinar on the 14th March 2024 takes a detailed look at those issues and arguments that are often marshalled to reduce a claim for personal injury damages. It enables practitioners to consider those matters that impact upon a claimant. …
WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: RECENT CASES AND THE BASIC PRINCIPLES REVISITED: 19th FEBRUARY 2024
This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. It then looks at the law, practice and procedure relating to provisional…
PROVING THINGS 237: CLAIMANT FAILS TO PROVE ITS CASE, FAILS TO PROVE IT HAD SUFFERED DAMAGES HAD IT SUCCEEDED (SOMETHING ABOUT EXPERT EVIDENCE TOO)
In Hamsard One Thousand And Forty-Three Ltd v AE Insurance Brokers Ltd [2024] EWHC 262 (Comm) the claimant failed to establish its case. The judgment shows many issues with the claimant’s evidence, in particular the problems that flowed from issues…
ACCOMMODATION AND APPLIANCE CLAIMS – WEBINAR 15th FEBRUARY 2024
A webinar on the 15th February looks at accommodation and appliance claims in personal injury cases. Booking details are available here. THE WEBINAR Claims for accommodation and appliances are a major part of many serious claims. Here…
DAMAGES FOR CARE: RECENT CASES AND THEIR SIGNIFICANCE FOR PRACTITIONERS: WEBINAR 8th FEBRUARY 2024
This webinar look at claims for care, the law underpinning care and assistance claims, looking at practical ways of preparing the case and presenting the schedule and cover. The webinar covers, in particular, the cases and observations made in recent…
EVERY LITTLE HELPS: EACH DEFENDANT ORDERED TO PAY £18,000 EXEMPLARY DAMAGES IN STAGED CRASH CASE
The judgment of HHJ Baucher in Alghafagi v Tesco Stores Ltd [2023] EW Misc 19 (CC) is one of a series of judgments in related cases. It relates to what the judge has found to be a complex conspiracy to…
DAMAGES FOR THE SELF EMPLOYED AND THOSE INVOLVED IN ENTERTAINMENT AND SPORT: WEBINAR 25th JANUARY 2024
On the 24th January there is a webinar looking at claims for damages for self-employed people. It also looks at the issues relating to losses, particularly loss of earnings, caused by those involved in sports and entertainment (it also looks…
PROVING THINGS 236: CLAIMANT’S ARGUMENT THAT IT HAD LOST MORE THAN £6 MILLION FAILED TO TRAVEL: CAUSATION NOT ESTABLISHED
The judgment of Simon Tinkler, sitting as a Deputy High Court Judge, in Ickenham Travel Group Ltd v Tiffin Green Ltd [2024] EWHC 27 (Comm) is another classic example of a failure to prove damages. The defendant had been in…
DAMAGES FOR LOSS OF EARNINGS: WEBINAR 18th JANUARY 2024
An injured claimant is often most concerned about their ability to earn their living. This webinar looks at the essential elements of a claim for loss of earnings. It looks at recent cases to illustrate in a practical way how…
DAMAGES FOR PAIN AND SUFFERING: WEBINAR 11th JANUARY: PART OF THE DAMAGES SERIES 2024
On the 11th January 2024 I am presenting a webinar on Damages for pain and suffering. This is a part of a series of webinars looking at the basic elements of major heads of damages for personal injury, with a…
SERIES OF WEBINARS ON DAMAGES: AVAILABLE AS A “BUNDLE” – OR ONE AT A TIME…
Next year I am presenting a series of eight webinars on personal injury damages. APIL is offering these as one off webinars, or the whole series can be subscribed to as a “bundle”. Booking details are available here. THE…
WEBINARS ON DAMAGES IN 2024: SOMETHING TO WARM UP THE WINTER DAYS EARLY IN THE NEW YEAR…
Early next year I am presenting a series of eight webinars on personal injury damages. The series looks at the major heads of damages for personal injury and clinical negligence cases, with a particular emphasis on those claims in the…
WEBINAR ON DRAFTING SCHEDULES IN PERSONAL INJURY CASES: 9th NOVEMBER 2023
I am presenting a webinar on drafting Schedules on the 9th November 2023. Booking details are available here. “In the event, the Original Schedules of Loss were shown to be quite unreliable and, in many respects, bore little or no relation…
PROVING THINGS 233: THE DEFENDANT WAS NEGLIGENT – BUT THE DAMAGES ARE NIL
In Hope Capital Ltd v Alexander Reece Thomson LLP [2023] EWHC 2389 (KB) Mr Justice Constable found that the claimant had suffered no loss. This could be an expensive loss for the claimant, after a seven day trial. “”For these…
DAMAGES IN ANTICIPATION OF DEATH AND FOR LOSSES PRIOR TO DEATH: WEBINAR 11th OCTOBER 2023
Claims for reduction of life expectancy or for losses prior to death can be difficult and complex. They require a highly sensitive approach. They also require a large degree of knowledge of the relevant legal principles. There are traps and…
A TARGETED FORM OF ILLEGALITY AS A DEFENCE TO DAMAGES: CAR DRIVER WHO HAD NO MOT FOR DAMAGED CAR COULD NOT RECOVER COSTS OF HIRE OF ALTERNATIVE VEHICLE
In Ali v HSF Logistics Polska SP ZOO [2023] EWHC 2159 (KB) Mr Justice Martin Spencer considered the question of whether there was a “targeted” defence of illegality to a claim for damages which was not as all embracing as…
WHAT CAN A DEFENDANT ARGUE AFTER JUDGMENT ON LIABILITY: A REVIEW OF THE CASES
We are looking again at the judgment of Jason Beer KC (sitting as a High Court Judge) in Celebrity Speakers Ltd v Daniel & Ors [2023] EWHC 2158 (KB). The judge had to consider what a defendant could argue as…
INSOLVENCY FOR PERSONAL INJURY LAWYERS: WEBINAR 15th SEPTEMBER 2023
Issues relating to individual insolvency, a claimant’s bankruptcy or the defendant’s financial position can loom large in some cases. From a claimant’s solicitor finding out, half way through a case, that their client is bankrupt, to the issues of proceeding…
DRAFTING SCHEDULES OF DAMAGES: “THE SCHEDULE WAS A FICTION … THE POINT WAS RECOGNISED ON BEHALF OF BOTH CLAIMANTS”: SELECTED QUOTES (AND A WEBINAR)
The the judgment of Costs Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO) is one of a long series of cases where judges have been critical of the way in which schedules of damages have been…
MAJOR PROBLEMS WHEN THE JUDGE IS “NOT IMPRESSED” BY THE SCHEDULES OF LOSS: “MUCH TIME WAS THROWN AWAY ON CALCULATIONS BASED ON THE WRONG PREMISES”
We are returning to the judgment of Costs Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO). This is a case that anyone drafting a Schedule of Damages should read. These actions were settled well before…
EVIDENCE OF EXPERTS SHOULD BE SCRUTINISED AND NOT SIMPLY TRANSPOSED INTO SCHEDULES: “A CARE EXPERT SHOULD BE ABLE TO FULLY JUSTIFY ANY ASPECT OF CARE… WHICH THE COURT IS BEING ADVISED SHOULD BE PROVIDED”
In Scarcliffe -v- Bramton Valley Group Ltd [2023] EWHC 1565 (KB) Mr Justice Cotter sent out another warning about the inadequate state of expert reports. Here we look at the judgment in relation to the care experts. (A copy of…
WHAT HAPPENS TO INTEREST WHEN A DEFENDANT ACCEPTS A CLAIMANT’S PART 36 OFFER LATE? HIGH COURT DECISION
In MGS v University Hospitals Bristol and Weston NHS Foundation Trust [2023] EWHC 1547 (KB) Dexter Dias (sitting as a Deputy High Court Judge) rejected an argument that interest should run at 8% following the defendant’s late acceptance of the claimant’s…
PROVING THINGS 229: CLAIMANT FAILS TO PROVE CERTAIN HEADS OF DAMAGES: DECISION UPHELD ON APPEAL
The judgment of Mr Justice Ritchie in Lal v Reeder [2023] EWHC 1437 (KB) is a classic example of a failure to prove things. The trial judge found that the claimant had failed to establish certain heads of damage. That…
INFLATION TO BE TAKEN INTO ACCOUNT IN ASSESSING DAMAGES USING THE JUDICIAL COLLEGE GUIDELINES
In Blair v Jaber [2023] EW Misc 3 (CC) Recorder Jack considered the issue of whether the court should take into account inflation when looking at the Judicial College Guidelines. The Recorder held that it should. …
PROVING THINGS 254: WHY YOU CAN NEVER BE CERTAIN ON BEING ABLE TO ESTABLISH CAUSATION: DEFENDANT’S CONDUCT QUESTIONABLE BUT STILL CLAIMANT FAILS TO ESTABLISH LOSS
There are plenty of examples in this series of claimants establishing breach of duty but failing on causation, particularly in the clinical negligence context. the judgment of Clare Padley (sitting as a High Court Judge) in J & J Franks…
PROVING THINGS 253: CLAIMANT FAILS TO PROVE DAMAGES: £123,000 CLAIMED REDUCED TO £946 HIRE AND REPAIR COSTS NOT ESTABLISHED AT ALL
The judgment of HHJ Malek in Mehmood v AIG Europe Ltd & Anor [2023] EW Misc 1 (CC) is a classic – if not graphic – example of a failure to prove damages. The claimant made a claim for £123,000…
FUNDAMENTAL DISHONESTY: SOCIAL MEDIA, SURVEILLANCE EVIDENCE AND A LONG WALK
I am grateful to Legal Executive Vanessa Brooks for sending me a copy of the judgment of HHJ Harrison in Thomas -v- Owen (21st March 2023, Cardiff County Court). It is another example of social media playing a part in…
Damages for pain and suffering: The legal principles and their practical implications: Webinar 12th April 2023
On the 12th April 2023 I am presenting a webinar on “Damages for pain and suffering”. Looking, in a detailed way at the practical issues that a litigator has to consider when dealing with awards for pain and suffering. The…
PROVING THINGS 248: THERE WAS A BREACH BUT THE CLAIMANT PROVED NO LOSS: “BATTLE OF TRAFALGAR” DOES NOT LEAD TO VICTORY
In Jerroms Trafalgars Ltd & Anor v Tilson & Ors [2022] EWHC 1420 (ChD) HHJ Worster found that a claimant had failed to established that breaches by the Defendants led to any loss. It is a classic example of a…
ENSURING EVERYTHING GOES RIGHT IN FATAL ACCIDENT CLAIMS: WEBINAR 22nd FEBRUARY 2023
On the 22nd February 2023 I am presenting a webinar on Fatal Accidents “Ensuring Everything Goes Right”. This looks at the problem areas that can arise in fatal claims and how to avoid them. Booking details are available here. THE…
UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
On the 8th February 2023 I am presenting a webinar “Understanding the Law Relating to Fatal Accidents”. Booking details are available here. THE WEBINAR This webinar takes you through the essential elements you have to consider before you can advise…
MULTIPLE INJURIES AND TARIFF CASES: ASSESSING DAMAGES – A PRIMER
Following the judgment on Friday in Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 there is now a clear cut approach to assessing damages where a claimant’s injuries include damages for matters not within the whiplash tariff. Here…
COURT OF APPEAL JUDGMENT TODAY: WHIPLASH TARIFF INJURIES AND COMMON LAW DAMAGES: HOW SHOULD THE COURT DEAL WITH “MIXED” CLAIMS?
In the judgment today in Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 the Court of Appeal (by a majority view) decided that the Civil Liability Act 2018 did not impact on the assessment of damages for…
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