"ESSENTIAL CHECKLISTS": THE COMPLETE LIST
The “Essential Checklist” series developed out of a workshop series in a course I gave last month. Six groups produced six checklists. Here is a link to them all. SERVICE OF PROCEEDINGS: (“SERVICE WITH A SMILE”) Essential points before the…
HISTORIC AGREEMENTS TO EXTEND TIME: WHAT IS THE APPROPRIATE APPROACH OF THE COURT? CAROLINE MAEVE MEEHAN -v- JOSEPH MANLEY & CHURCHILL INSURANCE COMPANY LIMITED
The decision in Lloyd that it was not open to the parties to agree to extend time can cause a problem in relation to cases where service of documents has taken place late by agreement. This was a common occurrence…
AVOIDING NEGLIGENCE CLAIMS 6: COMMUNICATIONS WITH THE CLIENT
Procter -v- Raleys Previous posts in this series have concentrated upon limitation issues. This post looks at the recent decision of Judge Gosnell in Procter –v- Raleys (Leeds County Court 6/11/2013). In particular what it demonstrates about the need to…
THE DUTY TO RISK ASSESS AND NEGLIGENCE AFTER THE 1ST OCTOBER 2013: A DETAILED EXAMINATION OF THE LAW AND CASES
The link to this post is at http://accidentsatworkaftertheerra.wordpress.com/2013/10/01/the-duty-to-risk-assess-and-common-law-duty-after-1st-october-2013/
WITNESS STATEMENTS IN A SPECIFIC CONTEXT: ACCIDENTS AT WORK AFTER 1st OCTOBER 2013
A fundamental change in the law relating to breach of statutory duties and civil liability means that greater consideration will need to be given to drafting witness statements. I have prepared an article on this at http://accidentsatworkaftertheerra.wordpress.com/2013/09/30/witness-statements-and-workplace-accidents-after-the-1st-october-2013/ Some of the…
NEW BLOG ON ACCIDENTS AT WORK AFTER 1st OCTOBER 2013
I have started a new blog on the effect of effects on accidents on work after the Enterprise and Regulatory Reform Act 2013. The Act abolishes civil liability for breach of statutory duty (with one limited exception). The blog is not…
ACCIDENTS ABROAD AND THE FOREIGN LIMITATION PERIODS ACT: AVOIDING NEGLIGENCE CLAIMS 5
It is easy to assume that every jurisdiction has a limitation period of three years. However when an accident happens abroad the Foreign Limitation Periods Act 1984 provides that the relevant limitation period is the period that prevails in…
TROUBLE AT SEA: LIMITATION PERIODS AND WATER TRAVEL: AVOIDING NEGLIGENCE 4
We continue the examination of limitation periods that are not necessarily three years. Accidents that happen at sea, or on water generally, can be subject to different limitation periods and, normally, a two year limitation period applies. TWO YEAR PERIODS…
AVIATION AND LIMITATION: 10 QUESTIONS EVERY PERSONAL INJURY LITIGATOR SHOULD ASK
A tweet on the 8th October 2013 read: “PI Claim struck out because Montreal Convention pleaded instead of Warsaw Convention.” (The case in question is reported in detail by Jasmine Murphy on the Hardwicke Chambers website.) This reiterates the points…
ADMISSIONS AND THE PORTAL: HOW WILL THE COURTS CONSTRUE PROCEDURAL ISSUES ARISING UNDER THE RTA PROTOCOL?
How significant are admissions made under the MOJ portal and what is their practical significance? A close look at the case of Ullah –v- Jon and its significance in relation to construction of the RTA Protocol. I am grateful…
AVOIDING NEGLIGENCE 1 : THE THREE YEAR LIMITATION PERIOD: HOW DOES ANYONE MISS IT?
How does anyone miss a three year limitation period? The basic answer is usually some kind of maladministration. Often a failure of the diary system. Someone has inserted the wrong month, occasionally the wrong year. Sometimes there is no diary…
AVOIDING NEGLIGENCE : A LAWYER'S GUIDE
I am writing a series of posts on the topic of “how not to get sued”. This is mainly aimed at personal injury practitioners, however many of the posts relate to procedure and will be of more general interest. There…
SERVICE, FAULTS AND …. THE MATCH IS OVER
As Wimbledon is underway it is worth reminding ourselves that even apparently minor faults in service can be fatal to an action. This is illustrated by the decision in Venulum Property Investments Ltd –v- Space Architecture Ltd & 9 others …
SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?
A perennial problem for litigators is the situation where a claimant has a good case but the Defendant is impecunious and uninsured. In many (but not all) motor claims the Motor Insurers Bureau will provide a practical remedy. In all…
INTERIM PAYMENTS AND THE SERIOUSLY INJURED CLAIMANT: SOMEWHERE TO LIVE OR DOWN AT EELES?
Cases and principles relating to interim payments and accommodation in catastrophic injury cases are considered. Prior to the decision in Cobham Hire Services –v- Eeles [2009] EWCA Civ 204 it was a relatively simple matter to obtain a substantial interim…