WHAT HAS CIVIL LITIGATION BRIEF EVER DONE FOR US? PERSONAL INJURY INJURY LAWYERS AND ISSUES OF LIABILITY
This series enables us to pick up key topics from this blog over the past 13 years and relate them to specific areas of practice. The aim is to highlight the fact that the site is a useful resource as…
THE DIFFICULTIES WHEN MAKING A CLAIM FOR LOSS OF EARNINGS OF THE SELF-EMPLOYED OR SOMEONE INVOLVED IN SPORTS OR ENTERTAINMENT: WEBINAR 29TH SEPTEMBER 2026
Claims for loss of earnings become particularly difficult when the claimant is not an employee. The court may have to reconstruct the likely progress of a business, professional practice, sporting career or career in the arts. Past income may fluctuate…
WILL AN INSURER PAY FOR THIS? ONE OF THE MOST ESSENTIAL QUESTIONS IN LITIGATION CONSIDERED: WEBINAR 30th OCTOBER 2026
The post earlier this week on the claimant’s inability to use TUPE to bring a claim against a defendant highlights the very real difficulties that exist when there is no defendant who can pay the claim. In that case the…
LOSS OF EARNINGS CLAIMS 2026: WEBINAR 16th SEPTEMBER 2026
This year has seen some important cases in relation to the way in which the courts approach claims for loss of earnings. This webinar provides a practical and comprehensive examination of claims for loss of earnings in personal injury litigation….
TUPE DOES NOT PASS ON LIABILITIES TO THIRD PARTIES: COURT OF APPEAL DECISION TODAY
The Court of Appeal today found that TUPE does not transfer an employer’s pre-transfer vicarious liability to third-party claimants. This has important practical implications for many practitioners, particularly in the fields of personal injury and clinical negligence. “… just standing…
PROVING THINGS 296 : PROVING THE EARNINGS POTENTIAL OF AN INJURED CHILD: THE LOST YEARS CALCULATION CONSIDERED AND APPLIED
When the Supreme Court gave the judgment in CCC (by her mother and litigation friend MMM) (Appellant) v Sheffield Teaching Hospitals NHS Foundation Trust (Respondent) [2026] UKSC 5 it was clear that there were going to be major evidential issues…
WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: 9th SEPTEMBER 2026: USEFUL GUIDANCE, CHECKLISTS AND QUESTIONNAIRES
This webinar provides a practical and up-to-date analysis of the law and practice relating to provisional damages and periodical payments in personal injury litigation. It begins with a review of recent case law, including a professional negligence claim arising from…
PROVING THINGS 295: HOW MUCH SHOULD A CARER BE PAID? INTERESTING READING FOR PERSONAL INJURY AND CLINICAL NEGLIGENCE LAWYERS (AMONG OTHERS…)
This is a case about the costs of providing care. It is unusual in that it does not arise in the context of a claim for damages for personal injury or clinical negligence. Nevertheless there are issues of general relevance…
LIMITATION AND SEXUAL ABUSE CLAIMS: THE LAW CHANGED AFTER EVIDENCE AND SUBMISSIONS BUT BEFORE JUDGMENT: THE AMENDED ACT APPLIES
We have looked before at how the new sections 11ZA and 11ZB into the Limitation Act 1980 have already been considered by the courts. Here was have another example. The new provisions were held to apply in a case where…
ACCOMMODATION AND APPLIANCE CLAIMS: THE CASES SINCE SWIFT -v- CARPENTER: WEBINAR 3rd SEPTEMBER 2026
This webinar examines the legal and practical issues arising in accommodation and aids and appliances claims in personal injury litigation, with particular focus on the impact of Swift v Carpenter. The decision represents a significant development in how courts assess…
THE NEW LAW ON LIMITATION AND SEXUAL ABUSE CLAIMS CONSIDERED IN THE HIGH COURT: THE NEW SECTION 11ZA ONLY EXTENDS TO THE SEXUAL ABUSE ASPECTS OF A CLAIM
New sections of the Limitation Act 1980 came into force on the 29th June this year. These make a considerable difference where the court is considering issues of limitation in sexual abuse claims. The new provisions are considered in this…
GENERAL DAMAGES FOR PSYCHIATRIC INJURY – THE KEY ISSUES CONSIDERED: WEBINAR 30th JULY 2026
Psychiatric injury claims raise some of the most challenging issues in personal injury litigation. Questions frequently arise as to whether a claimant has suffered a recognised psychiatric illness, how damages should be assessed, the role of expert evidence, and how…
FATAL ACCIDENT DAMAGES CONSIDERED IN DETAIL: HOW SHOULD CARE DEPENDENCY BE ASSESSED? DOES IT END IF A WIDOW GOES INTO A NURSING HOME
Here we have a detailed consideration of some of the key points in relation to fatal accident damages. In particular how claims for loss of a carer should be assessed. These are central issues in many cases and there is…
DAMAGES FOR PAIN SUFFERING AND LOSS OF AMENITY: RECENT CASES AND WHAT WE CAN LEARN FROM THEM: WEBINAR 23rd JULY 2026
Every personal injury claim includes a claim for damages for pain, suffering and loss of amenity. Yet it is often the least analysed part of the claim. Awards are frequently based on broad assumptions, whilst opportunities to maximise a proper…
PERSONAL INJURY MATTERS 17(2): LIABILITY CATCHUP (2): A SUCCESSFUL STRESS AT WORK CLAIM CONSIDERED
We are continuing with our brief look at cases relating to liability. This case is a stress at work action where the claimant was successful. There are a considerable number of hurdles for claimants to deal with in this category…
PERSONAL INJURY MATTERS 17 (1): LIABILITY CATCHUP (1): PUB OPERATOR IS NOT VICARIOUSLY LIABLE FOR DOORMEN’S ACTS: A CONCLUSION REACHED “WITH REGRET”
To ensure that those CLB readers who are personal injury litigators are not neglected there is a short series this work looking at recent decisions in relation to liability (a similar series on damages will feature in a few weeks…
DAMAGES IN ANTICIPATION OF DEATH AND LOSSES PRIOR TO DEATH 2026: WEBINAR 2nd JULY 2026
Not all fatal claims fall neatly under the Fatal Accidents Act 1976 framework or the general rules of personal injury damages. This is an area where practitioners have to act with great sensitivity but also where a detailed knowledge of…
CHILDREN AND FATAL ACCIDENT LITIGATION 2026: WEBINAR 30th JUNE 2026
Fatal accident claims involving children present unique and sensitive legal challenges for practitioners. This webinar examines claims brought on behalf of children as well as claims arising from the death of a child, highlighting the procedural, evidential, and dependency issues…
A NEW SERIES OF USEFUL ONLINE CALCULATORS FOR LITIGATORS AND THE LEGAL PROFESSION (WITH A 20% DISCOUNT FOR CLB READERS): MAKING IT ALL ADD UP
Regular readers will know that a recurring theme of this blog is the number of ways in which a case can go wrong, and how often the damage is done by something that should have been straightforward. A multiplier, an…
DESIGNATED CIVIL JUDGES SHOULD BE CAREFUL WHO IS GIVEN THE TASK OF TRYING COMPLEX TRIALS: COURT OF APPEAL MISSIVE TO DESIGNATED CIVIL JUDGES (& MANY OTHERS…)
Here we look at some comments made yesterday by the Court of Appeal. The court allowed an appeal by a defendant in a personal injury case. The case was heard by a Deputy District Judge. The court was clear that…
PERSONAL INJURY POINTS 16: A TRIAL ALL ABOUT CONTRIBUTORY NEGLIGENCE: THE PRINCIPLES CONSIDERED AND APPLIED
For many years this blog has taken a particular interest in cases about contributory negligence. This partly because the issue is not dealt with in detail in many places and secondly because of the major practical consequences contributory negligence can…
WITNESS EVIDENCE WEDNESDAY: CLAIMANT’S EVIDENCE FAILS TO ESTABLISH THE FACTUAL CASE SET OUT IN THE PARTICULARS OF CLAIM
Here we have an example of another case which rested, more or less totally, on the claimant’s accuracy of recollection. I am grateful to Patrick Limb KC for drawing my attention to the judgment. The claimant (looking back to events…
FUNDAMENTAL DISHONESTY ESTABLISHED AT TRIAL: IT WAS NOT A SUBSTANTIAL INJUSTICE TO DISMISS THE CLAIM
The judge in this case had little difficulty in finding the claimant fundamentally dishonest. Further, although the claimant had suffered some injuries, dismissing the claim was did not give rise to “substantial injustice”. “In my judgment the Claimant’s dishonesty was…
THE JUDGE WAS ENTITLED TO BELIEVE THE CLAIMANT AND FIND THAT HE WAS NOT FUNDAMENTALLY DISHONEST: DEFENDANT’S APPEAL HITS A BARRIER
Here we look at what was, essentially, an attempt to appeal a trial judge’s findings of fact. It did not fare well. The judge found that the trial judge was entitled to reach the conclusions he did. The absence of…
DAMAGES FOR LOSS OF A CARER IN A FATAL CASE: FULL COMMERCIAL RATE APPLIED TO CLAIM FOR FUTURE LOSS OF SERVICES
For many years the courts have endeavoured to provide guidance for the appropriate approach to damages when a “carer” is killed. The principles relating to lost of an “income earner” are generally well established. Over the past few decades there…
PERSONAL INJURY POINTS 15: THE STUDENTS LOAN COMPANY MAY BE AN “EMANATION OF THE STATE”: SOME INTERESTING ISSUES HERE: THESE ARE ISSUES OF LAW – NOT ONE ON WHICH A WITNESS CAN EXPRESS AN OPINION OR VIEW…
The Court of Appeal considered some interesting issues in this case. Firstly in relation to the direct applicability of EC directives; secondly in relation to whether a particular body was an emanation of the state. It is not clear how…
PERSONAL INJURY POINTS 14: CLAIMANT FAILS IN SLIPPING CASE: THERE WAS A “HYPOTHETICAL” RISK OF SLIPPING WHICH THE DEFENDANT DID NOT NEED TO DEAL WITH
We are continuing our review of personal injury cases with another slipping case where the claim failed (don’t worry the imbalance will be addressed in due course). However the reason in this case was simply because the matter that caused…
PERSONAL INJURY POINTS 13: WHERE THERE IS BLAME THERE IS NOT ALWAYS A CLAIM: THE DEFENDANT BREACHED THEIR DUTY BUT THE CLAIMANT’S ACTION FAILED
Today we will, primarily, be looking at personal injury and clinical negligence issues. Here we look at a case where the claim failed even though the judge found there was a breach of duty. The difficulty for the claimant was…
AVOIDING UNDERSETTLEMENT: WEBINAR 26th MAY 2026: NOW WITH ADDED CHECKLISTS
Allegations of undersettlement of personal injury actions are not uncommon. There is an entire industry specialising in looking at solicitor’s files. This webinar aims to help practitioners avoid such assertions and be able to provide clear and robust replies if…
AVOIDING UNDERSETTLEMENT: PROTECTING THE CLIENT AND PROTECTING YOURSELF: WEBINAR 26th MAY 2026
This webinar examines claims of under-settlement brought against claimant solicitors, focusing on how courts determine whether professional negligence has occurred in the handling, settlement, or litigation of a case. It explores key case law where negligence was both established and…
AVOIDING THE PITFALLS IN CLAIMS FOR LOSS OF EARNINGS: WEBINAR 19th MAY 2026: USEFUL QUESTIONNAIRES AND CHECKLISTS INCLUDED
Claims for loss of earnings are a critical component of many personal injury and civil litigation cases, yet they are also among the most vulnerable to failure. Poorly evidenced claims, misunderstanding of legal principles, or flawed calculations can lead not…
PROVING THINGS 289: CLAIMANT FAILS TO ESTABLISH BASIC FACT OF ASBESTOS EXPOSURE
This is another case that highlights the evidential difficulties of establishing exposure in asbestos cases. The principal victim is often dead, the claimant (usually a widow) cannot give direct evidence of the facts of exposure and the case is reliant…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026
The Court of Appeal’s recent decision in Attersley v UK Insurance Ltd [2026] EWCA Civ 217 has sharpened the costs risks faced by claimants who accept a Part 36 offer outside the relevant period. While a claimant who accepts late…
PROVING THINGS 288: HOW SHOULD A COURT CONSIDER A CLAIM FOR LOSS OF EARNINGS WHEN THE CLAIMANT IS STILL IN EMPLOYMENT? SMITH -v- MANCHESTER APPROACH PREVAILS
No sooner was the (metaphorical) ink dry on the previous post about loss of earnings when I received a useful case from David Platt KC. It is a judgment that contains much of interest to litigators (that we will return…
CLAIMS FOR LOSS OF EARNINGS: AVOIDING THE PITFALLS: WEBINAR 19th JUNE 2026 (TOGETHER WITH A USEFUL QUESTIONNAIRE AND SERIES OF CHECKLISTS)
It is surprising how many allegations of negligence are made against lawyers because of a failure to consider and obtain damages for loss of earnings. In addition there are a growing number of cases where claimants have come to grief…
PERSONAL INJURY POINTS 12: WHAT IS A CLAIMANT TO DO ABOUT CRU IF THE DEFENDANT IS NOT INSURED AND NOT RESPONDING?
This case considers the issues that arise when a defendant has failed to comply with its statutory obligation to notify the Compensation Recovery Unit of a claim. What duties does the claimant have in these circumstances. The blunt answer is…
DEDUCTING COSTS FROM THE CLAIMANT’S DAMAGES: A DEDUCTION OF £2,500 REDUCED TO £330: THE WARNING NOTICE FROM THE SRA REITERATED IN A COURT JUDGMENT
The previous post mentioned a webinar this Friday on deducting costs from the client’s damages. Right on cue this judgment occurred on that very topic. It makes some very important observations. It has created more work in preparing the webinar,…
PROVING THINGS 287: CLAIMS FOR FUTURE LOSS OF EARNINGS OF A CHILD: A JUDGMENT FROM YESTERDAY (AND A WEBINAR NEXT MONDAY…)
Assessing claims for loss of earnings for children is always difficult. The importance of this has become, if anything, more acute given the Supreme Court decision in CCC (by her mother and litigation friend MMM) (Appellant) v Sheffield Teaching Hospitals…
“GUIDE, MENTOR AND FRIEND”: REVIEW OF THE APIL GUIDE TO CATASTROPHIC INJURY CLAIMS 4th EDITION: STUART McKECHNIE KC (AND A FORMIDABLE TEAM): THE “LITTLE GEM” THAT KEEPS ON GIVING
The fundamental question for a reviewer of a legal text is – is this book worthwhile? Here there is only one answer. A book of considerable importance, assistance and utility is a “must buy”. HOW DO I SUMMARISE THIS? Sir…
WITNESS EVIDENCE WEDNESDAY: BOTH WITNESSES ARE HONEST AND BELIEVE THEY ARE TELLING THE TRUTH – BUT ONE IS WRONG…
It is often the case that the most difficult cases are those that depend almost wholly on witness recollection. This is made far more difficult in a case such as a motor accident where the incident happened in a matter…
PROVING THINGS 285: THE DEFENDANT ESTABLISHES THAT THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: “IT IS NOT CONSISTENT WITH QOCS TO EXTEND IT TO CLAIMANTS WHO KNOWINGLY TELL UNTRUTHS ABOUT SOMETHING FUNDAMENTAL TO THEIR CLAIM…”
This is a judgment on fundamental dishonesty where the judge considers, in some detail, the burden of proof and what a defendant needs to establish. There are important observations about the burden of proof and consideration of the term “dishonesty”…
PROVING THINGS 283: FAILING TO ESTABLISH A CLAIM FOR PROVISIONAL DAMAGES FOR ONE SET OF SYMPTOMS BUT ESTABLISHING IT IN ANOTHER
There are relatively few judgments in which the law and practice relating to provisional damages are considered in detail. We have such a case here. Further it is an example of the claimant failing to establish provisional damages in relation…
PROVING THINGS 282: THE INJURED CLAIMANT ADDUCED NO EVIDENCE OF NEGLIGENCE (SOMETHING ABOUT PLEADINGS TOO…)
Here we look at a Privy Council decision in a personal injury case. The claimant lost at first instance, the defendant having elected to call no evidence. What is interesting about this case is the constant motif in the judgment…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026
The Court of Appeal’s decision in Attersley v UK Insurance Ltd has sharpened the costs risks faced by claimants who accept a Part 36 offer outside the relevant period. While a claimant who accepts late remains subject to fixed recoverable costs…
CCC AND LOST YEARS IN THE SUPREME COURT: THE POTENTIAL STING IN THE TAIL FOR CLAIMANTS: “WAGES IN HEAVEN SHOULD NOT BE AWARDED WHEN THEY ARE NEEDED ON EARTH”
Here we are looking at some of the observations made by Lord Burrows in the recent judgment given by the Supreme Court. In the short term it is good news for seriously injured child claimants. However Lord Burrows has laid…
PROFESSIONAL NEGLIGENCE NEWS: A SOLICITOR WAS NOT NEGLIGENT IN ADVISING THE CLAIMANT TO SETTLE: NEITHER COUNSEL’S ADVICE NOR AN EXPERT REPORT WERE NECESSARY
Fortunately for the courts and legal system most civil cases settle. Advising on settlement terms carries some risks, and requires a high level of judgment. Some clients will be dissatisfied with the settlement reached and blame the lawyers involved for…
LIMITATION IN ALLEGED SEXUAL ABUSE CASES: THE COURT DECLINED TO EXERCISE ITS DISCRETION UNDER S.33 “THE DELAY HAS ALREADY SIGNIFICANTLY UNDERMINED THE COGENCY OF THE EVIDENCE ABOUT WHETHER THE ABUSE TOOK PLACE AT ALL”
Here we have a case where the court refused to exercise its discretion under Section 33 of the Limitation Act in relation to allegations of sexual abuse that took place in the 1980s. As the judgment notes this is an…
LOST YEARS DAMAGES AND THE CHILD CLAIMANT: JUDGMENT IN THE SUPREME COURT TODAY
The judgment of the Supreme Court today considered whether “lost years” damages should be awarded to a young child. The Court, by a majority, allowed the claimant’s appeal and held that damages should be awarded in these circumstances. This post…
PERSONAL INJURY POINTS 11: THE LOCAL AUTHORITY COULD NOT TAKE INTO ACCOUNT PERSONAL INJURY TRUSTS AND REFUSE TO PROVIDE CARE
Here was have a case where the local authority ceased providing funds for a seriously injured person, indeed they demanded money back. The local authority contended that money in a personal injury trust should properly be taken into account. Further…
DEFENDANTS GIVEN PERMISSION TO RELY ON SURVEILLANCE EVIDENCE SERVED LATE: EVEN THOUGH THIS LED TO THE ADJOURNMENT OF THE TRIAL
A defendant that wishes to rely on surveillance evidence must choose its timing with extreme care. If the evidence is disclosed too early then the claimant could be “tipped off”; too late and this could be categorised as an “ambush”. …
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