WEBINARS ON LAW, PROCEDURE AND DAMAGES: READ ALL ABOUT THEM…
Since lockdown has made giving live presentations impossible I have been involved in presenting a number of webinars. This would seem a good time to set them out. Those that have been given earlier this year are still available on…
CLAIMS FOR MEDICAL EXPENSES, CARE AND WORK AROUND THE HOME: WEBINAR 23rd JULY 2020
On the 23rd July 2020 I am conducting a webinar “Claims for Medical Expenses, Care and Work around the Home”. This webinar looks at damages in relation to medical expenses and care. It covers the whole range of care claims,…
CIVIL PROCEDURE BACK TO BASICS 78: NO DUTY ON AN INJURED CLAIMANT TO USE THE NATIONAL HEALTH SERVICE
This post is due to a tweet someone copied me in on this morning. The issue was, ostensibly, one of general damages in a personal injury case. An insurer was refusing to pay the costs of private treatment – stating…
PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: LAW, PRACTICE AND THE KEY CASES
On the 17th July 2020 I am presenting a webinar on periodical payments and provisional damages. THE WEBINAR Periodical payments and provisional damages have been a part of the legal landscape for some time now. A knowledge of the…
NO VARIATION TO COURT ORDER BECAUSE OF CORONOVIRUS: RESPONDENT DOES NOT GET TWO BITES OF THE CHERRY
It is likely that the Coronavirus epidemic is going to give rise to many issues in litigation. Some of them unusual and unprecedented. An example can be seen in the judgment today in Dinglis v Dinglis & Ors [2020] EWHC…
CHANGE TO THE SPECIAL ACCOUNT RATE: DOWN TO 0.1%: PRACTICAL IMPLICATIONS
This morning the Ministry of Justice announced a reduction of interest rates for the Courts Funds special and basic accounts, effective from today (1st June 2020). THE ANNOUNCEMENT “Due to the impact of Covid-19, the Bank England reduced the base…
DAMAGES IN ANTICIPATION OF DEATH: WEBINAR 8th JUNE 2020
On the 8th June I am giving a webinar on the important issues of damages in anticipation of death. This looks at damages for reduced life expectancy and the practical steps lawyers can take in these difficult and tragic cases. …
COVID REPEATS 28: GOING BACK TO COLLEGE: THE NEED TO PROVE DAMAGES
Today we are going back to the general theme of a failure to prove damages. One harsh shock for many litigants occurs when they are asked to prove their damages at trial. We have looked several times when a litigant…
COVID REPEATS 26: YOU HAVE TO PROVE YOU HAVE SUFFERED DAMAGES: FOOTBALL CLUB PITCHES THEIR CASE TOO HIGHLY
The next few posts in this series are going to highlight those cases where parties simply failed to prove things at trial (and there are quite a few of these). Today we are looking at the Court of Appeal decision…
COVID REPEATS 24: THE CLAIMANT THAT CLAIMED £15 MILLION, TURNED DOWN £1.5 MILLION AND RECEIVED £2.00 (YES TWO WHOLE POUNDS)
The “Proving Things” series has been a part of this blog for several years now. Many of the posts highlight those cases (and there does not seem to be any end to them) where a party simply has no evidence…
ASSESSING DAMAGES IN PERSONAL INJURY CASES: WHEN THE JUDGES GO “BACK TO BASICS” (AND WHY IT MATTERS)
I am giving a webinar on Thursday on “The Fundamentals of Personal Injury Damage”. The starting point is the “basic” element of personal injury damages – to put the claimant back in the position they would be if they had…
INCREASE IN FATAL ACCIDENT BEREAVEMENT AWARD FROM TODAY: A FEW THINGS TO NOTE ABOUT THE BEREAVEMENT AWARD
The bereavement award paid under the Fatal Accidents Act 2020 has increased to £15,210. However that increase only applies where the cause of action accrues on or after 1st May 2020. It has no relevance to ongoing cases, see The Damages…
THE FUNDAMENTALS OF PERSONAL INJURY DAMAGES: WEBINAR 7th MAY 2020
I am giving a webinar on the 7th May 2020 – 12.00 – 13.00 on the fundamentals of personal injury damages. Many practitioners engage daily in the assessment of personal injury damages without a detailed knowledge of the fundamental principles,…
THE KEY CASES IN FATAL ACCIDENT DEPENDENCY CLAIMS: WEBINAR 6th APRIL 2020
On the 6th April 2020 I am presenting a webinar “The Key Cases in Fatal Accident Dependency Claims” – concentrating upon the assessment of damages in fatal accident cases. THE WEBINAR The means of assessment of fatal accident…
NEW RULE CHANGES: THE RULES WILL NOW GET IT RIGHT ON PLEADING MITIGATION OF LOSS: A SMALL CHANGE THAT TOOK FAR TOO LONG
The 113th update to Practice Direction Amendments makes a small but important change to the rules relating to mitigation of loss. In short it puts the position right and stops the Practice Direction being the shambles it was before. This…
NEW RULES COMING INTO FORCE: PLEADING SPECIFIC ISSUES IN RELATION TO THE HIRE OF A REPLACEMENT VEHICLE
The 113th update to Practice Direction Amendments comes into force on the 6th April 2020. It introduces new, and quite specific, obligations on a claimant claiming the cost of a replacement hire vehicle. THE NEW RULE There is a new Paragraph…
BOOK REVIEW: GUIDE TO CATASTROPHIC INJURY CLAIMS
I have been sent a copy of the 3rd edition of the Guide to Catastrophic Injury Claims by Stuart McKechnie QC and others. I can review it briefly. This is a book that needs to be on your shelf if…
PROVING THINGS 174: ILLEGALITY, THE VAN DRIVER AND THE MOT CERTIFICATE: CLAIMANT STILL ENTITLED TO DAMAGES
I am grateful to Liam Davidson, from Winns Solicitors for sending me a copy of the judgment of HHJ Freedman in Jack -v- Borys (Newcastle upon Tyne 20th December 2019). It relates to damages and illegality. Jack-v-Borys-2019 (1) “I think…
PROVING THINGS 173: FAILING TO PROVE ANY KIND OF PAST OR FUTURE LOSS OF EARNINGS: A BLAMIRE AWARD IS NOT A SUBSTITUTE FOR EVIDENCE
There is another aspect of the judgment of Mr Justice Chamberlain in BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor [2020] EWHC 156 (QB) that merits attention. Th claimant sought damage for loss of earnings but these…
DAMAGES FOR PAIN AND SUFFERING: THE AWARD SHOULD BE THE SAME: IT DOESN’T MATTER WHETHER YOU ARE RICH OR POOR
The Privy Council decision in Attorney General of St Helena v AB & Ors (St Helena) [2020] UKPC 1 is of considerable interest to personal injury practitioners. Issues relating to awards made for pain and suffering are rarely discussed at…
63 YEARS OLD AND STILL ROLLING OFF THE PRESSES – MUNKMAN (& EXALL) ON DAMAGES – THE WRITING PROCESS
An earlier post looked at the previous 13 editions of Munkman on Damages for Personal Injury and Death, together with photos. Since more people read law books than write them I thought it would be of interest to describe the…
63 YEARS ON AND STILL ROLLING OFF THE PRESSES: MUNKMAN ON DAMAGES – ALBEIT WITH A NEW TITLE (1)
The latest edition of what, used to be called, Munkman on Damages is now hot off the press. This is the 14th edition, the first being written in 1956. In this post I look at the history of the book…
APPEALING AWARDS FOR PAIN AND SUFFERING IN PERSONAL INJURY CASES: THE APPELLANT’S UPHILL STRUGGLE
The second aspect of the judgment in Essex County Council & Ors v Davies & Ors [2019] EWHC 3443 I want to look at is the defendants’ appeal in relation to damages. This case reiterates the difficulties (for claimants and defendants)…
PROVING THINGS 168: PROVING LOSS OF EARNINGS: COURT OF APPEAL DECISION:STATEMENTS OF OPINION OR BELIEF CARRY NO WEIGHT
The Court of Appeal judgment today in Irani v Duchon [2019] EWCA Civ 1846 adds to the Proving Things series in relation to a failure to establish key matters at trial (it also gives me an opportunity to promote the…
THE RIDICULOUS RULES ABOUT PLEADING MITIGATION OF LOSS: DOES THE RULES COMMITTEE JUST NOT LISTEN (OR JUST NOT CARE)?
The previous post in this case on the judgment in Pepe’s Piri Piri Ltd & Anor v Muhammad Ali Junaid Food Trends Ltd (Now Dissolved) & Ors[2019] EWHC 2769 (QB) highlights the problems posed by one of the most ridiculous rules…
FATAL ACCIDENTS: LAW, PRACTICE, PROCEDURE & COMPASSION: COURSES IN NOVEMBER AND DECEMBER 2019
Alongside solicitor and partner in Irwin Mitchell Hilary Wetherell I am speaking at the APIL day-long courses on fatal accidents in November and December this year, in London, Manchester and Bristol. Our emphasis is on practical knowledge and application of…
COUNTER-SCHEDULES: WORDS OF WISDOM FROM TWITTER
Twitter this afternoon gave rise to a number of interesting discussions about the role of the counter-schedule. I got permission to share some of the contributions. THE START It started with Sarah Pritchard QC looking for ideas for a talk…
PROVING THINGS 164: THE NEED FOR A CAR FOR PRIVATE PURPOSES IS NOT SELF PROVING AND THE COURT WILL NOT INFER SUCH A NEED.
In Hussain v EUI Ltd [2019] EWHC 2647 (QB) Mr Justice Pepperall dismissed a claimant’s appeal in relation to the assessment of damages. “Need for social and domestic purposes is not self-proving and, in this case, cannot simply be inferred”…
PROVING THINGS 163: PROVING MITIGATION OF LOSS: A CLAIMANT NEED NOT TAKE THE RISK OF STARTING UNCERTAIN LITIGATION AGAINST A THIRD PARTY
The need for a defendant to prove a failure to mitigate is something that has been covered before on this blog. In Natixis SA v Marex Financial & Ors [2019] EWHC 2549 (Comm) Mr Justice Bryan considered the legal principles. …
CLAIMS FOR DAMAGES: WHY JUDGES GO “BACK TO BASICS”: A REMINDER FOR LITIGATORS
This is the first of a series of posts designed (to be frank) to remind people that the next edition of “Damages for Personal Injury and Death” will be published later this year. One interesting aspect of writing a book,…
WEBINARS: (1) LOSS OF EARNINGS (2) COURT FEES – AVOIDING THE PITFALLS: TWO PLUGS
Just a brief reminder of two webinars this month: one on loss of earnings, the other on court fees and associated issues. CLAIMS FOR LOSS OF EARNINGS This webinar “Claims for loss of earnings: law, procedure and evidence, prove it…
THE CHANGE IN THE DISCOUNT RATE: LINKS TO THE NEW SUPPLEMENTARY TABLES
The change in the discount rate has led to the Government Actuary’s Department producing supplementary tables which include the – 0.25% rate. The relevant page can be found here. LINKS TO THE TABLES Actuarial tables for use in personal…
PROVING THINGS 158: NOW – WHY WOULDN’T BANKS WANT TO REVEAL DETAILS OF THE BONUSES THEY PAID?
The judgment in Credit Suisse Securities (Europe) Ltd & Ors v HM Revenue and Customs [2019] EWHC 1922 (Ch) demonstrates a strange position on the part of the claimant bank. The claimant banks did not adduce any evidence to prove…
CLAIMS FOR LOSS OF EARNINGS: LAW, PROCEDURE AND EVIDENCE: PROVE IT OR LOSE IT: WEBINAR 10th SEPTEMBER 2019
I am giving a webinar on the 10th September 2019: “CLAIMS FOR LOSS OF EARNINGS: LAW, PROCEDURE AND EVIDENCE: PROVE IT OR LOSE IT!” CONTENT The webinar will cover: The law as to loss of earnings How a claim for…
ADVICE TO A NEWLY QUALIFIED LITIGATOR (1): READ THIS CASE: BE WARY OF OPENING YOUR MOUTH TOO WIDE: TURN DOWN £1.5 MILLION AND GET £2.00 INSTEAD
A member of my family qualifies as a solicitor tomorrow and starts working in litigation. I have been pondering the best advice to give a newly qualified litigation solicitor. I intended a recap post of all those cases where litigants…
CIVIL PROCEDURE BACK TO BASICS 54: SCHEDULES OF DAMAGES SHOULD NOT BE WORKS OF FICTION
Anyone drafting anything in the litigation process must remain acutely aware that there is real possibility that the document they are drafting will one day be read by a judge. This is even more likely in relation to a schedule…
DEFENDANT REFUSED PERMISSION TO RELY ON “SPECIALIST” EVIDENCE AS TO LIFE EXPECTANCY: THE CIRCUMSTANCES IN WHICH SUCH EVIDENCE IS ALLOWED AND CONSIDERED
In Dodds v Arif & Anor [2019] EWHC 1512 (QB) Master Davison refused the defendant’s application to rely on a specialist report in relation to the claimant’s life expectancy. The judgment also contains an important summary of the circumstances in…
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…
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