PERSONAL INJURY POINTS 9 : COURT OF APPEAL CONSIDER ISSUES OF LIABILITY FOR INJURIES CAUSED IN A RUGBY MATCH: WHAT IS THE APPROPRIATE LEGAL TEST?
There are relatively few cases in which the Court of Appeal looks at civil claims for injuries caused in the course of sporting activity. We are looking at such a case here. The Court addresses the question of what standard…
PERSONAL INJURY POINTS 8: “VOLUNTEERS ARE NOT LOOKING TO BE SUED THEY ARE LOOKING TO HELP OTHERS”: SOCIAL ACTION, RESPONSIBILITY AND HEROISM ACT CONSIDERED
There are several pieces of legislation that now have to be considered when a court is considering liability in the context of the defendant being involved in voluntary or similar activity. The Social Action, Responsibility and Heroism Act 2015 has…
WHICH EXPERT WITNESS IS GOING TO BE PREFERRED? ONE EXPERT TOOK AN “UNREALISTIC APPROACH”
Knowing the reasons why a judge may prefer the evidence of one expert over another is an important part of a litigator’s skill. Each case is, of course, fact specific, but there are clear trends that can be discerned. Here…
WASTED COSTS ORDER MADE AGAINST SOLICITORS WHO HAD PURSUED A “HOPELESS” CASE: ATTEMPTS TO RELY ON PRIVILEGE WERE A RESORT TO A MERE “FIG LEAF”
It is rare for a wasted costs order to be made against a solicitor for pursuing what is seen as a “hopeless” case. However we have such an order in the case we are considering here. The Master found the…
WHEN QOCS DOES NOT APPLY TO THE WHOLE OF A CLAIM: WHAT PERECENTAGE SHOULD THE CLAIMANTS PAY: THE MATTER CONSIDERED IN THE HIGH COURT
For the second time today we are looking at the rules relating to Qualified one way costs shifting (QOCS) and its exceptions. Here the defendant had spent £2 million successfully defending a claim, only part of that action was a…
WILL A COSTS ORDER NORMALLY BE MADE AGAINST A CREDIT HIRE COMPANY? COURT OF APPEAL DECISION THIS MORNING
This is the first of several points that will look in detail at the Court of Appeal decision today in relation to the liability of credit hire companies to pay costs. This first post outlines the main findings. Later posts…
PREPARING A SCHEDULE AND PROVIDING EVIDENCE IN A FATAL CLAIM 2025: WEBINAR 18th JUNE 2025
It is a difficult task to summarise the value of a life in one document. This is what happens when a schedule is drafted in a fatal claim. It is a task that has to be done carefully and with…
WHAT COSTS REGIME APPLIES WHERE A JUDGE FINDS THAT A SUCCESSFUL CLAIMANT SHOULD HAVE USED THE LOW VALUE PERSONAL INJURY PORTAL? THE ISSUES CONSIDERED ON APPEAL
For the second time this week we are looking at the issue of whether, or not, it was reasonable for a claimant’s solicitor to conclude that a matter should have been commenced outside the Low Value Personal Injury Portal. This…
SHOULD THIS CASE HAVE BEEN STARTED IN THE LOW VALUE PERSONAL INJURY PROTOCOL? DID IT FALL OUTSIDE IT? THESE ISSUES CONSIDERED
The question of whether a case should have been started using the Low Value Protocol is often a difficult one. The lawyer for the claimant has to make a decision on this important issue without the benefit of any medical…
WITNESS STATEMENTS, FORGED DOCUMENTS AND A FINDING OF CONTEMPT OF COURT: A WHOLE BUNCH OF PROBLEMS
This is a case where the judge found that the claimant and a witness relied on documents that they knew to be forged. It is an important reminder of the lengths that some people can go to in litigation. It…
PERSONAL INJURY POINTS 7: THE COUNCIL WAS LIABLE FOR THE STATE OF AN UNADOPTED HIGHWAY: A FINDING FOR THE CLAIMANT WAS NOT A BRIDGE TOO FAR
The issues of an occupier’s duty in relation to those walking along unadopted highways are always complex. Here we look at a case where the claimant was successful in establishing a breach of duty following an injury she sustained when…
DOES EVERY DOG DESERVE ONE BITE? LIABILITY FOR ANIMALS – RECENT CASES CONSIDERED: WEBINAR 6th JUNE 2025
It is difficult to find anyone who has a good word to say about Section 2 of the Animals Act, this webinar looks at recent cases relating to liability for animals and the practical steps litigators can take when considering…
PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES 2025: WEBINAR 4th JUNE 2025
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. Booking details are available here. It then looks at the…
PERSONAL INJURY POINTS 6: HOW IS THE COURT GOING TO APPROACH THE COSTS OF ACCOMMODATION WHEN THE CLAIMANT HAS A REDUCED LIFE EXPECTANCY – & HOW DOES THE COURT DEAL WITH THIS ON AN APPLICATION FOR AN INTERIM PAYMENT?
The decision in Swift -v- Carpenter set out the approach the courts should normally take when a claimant needs to purchase accommodation because of their injuries. However that judgment, expressly, left open issues relating to the approach the courts should take…
INTEREST ON DAMAGES AND COSTS THAT HAVE TO BE REPAID FOLLOWING AN APPEAL: WHAT IS THE APPROPRIATE RATE?
Losing a case on appeal is always painful. Having to repay the damages and costs that have been received is more painful still. Another element of pain is the fact that the losing party has to pay interest on the…
PERSONAL INJURY POINTS 5: THE PUBLICAN WAS NOT VICARIOUSLY LIABLE FOR THE ACTS OF A SEPARATE SECURITY COMPANY
When a claimant is injured by doormen working on licensed premises is the publican vicariously liable if the assailants were employed by a separate security company ? The answer is “it depends”. The issue is primarily one of control. It…
PROVING THINGS 261: PROVING FUTURE INTENTIONS: AN INTENTION TO HAVE MEDICAL OPERATIONS CARRIED OUT PRIVATELY
Today we are looking at a case where the defendant appealed against a decision that the claimant could recover the future cost of medical treatment to be carried out on a private basis. Statute states that there is no duty…
AVOIDING UNDERSETTLEMENT: PROTECTING THE CLIENT AND PROTECTING YOURSELF: WEBINAR 29th MAY 2025
“We go back through your claim in fine detail and if we find that your previous solicitor wasn’t thorough enough and your claim was mishandled, we’ll squeeze out all the compensation that you’re entitled to, getting you more money, and…
PERSONAL INJURY POINTS 4: THE EMPLOYER WAS IN BREACH OF DUTY WHEN EMPLOYEE WAS INJURED CROSSING THE ROAD
Last week we looked at a case where someone was injured in their workplace, but there was no breach. Today we are looking a case where an employee was injured crossing the road and it was held that the employer…
PERSONAL INJURY POINTS 3: A SOLICITOR INJURED AT WORK FAILS TO ESTABLISH LIABILITY: A DOOR IS NOT WORK EQUIPMENT
The question of what is work equipment can be a fairly fundamental one for personal injury lawyers. There can still be something akin to strict liability under the provisions of the Employer’s Liability (Defective Equipment) Act 1969. Here we consider…
PERSONAL INJURY POINTS 2: CONTRIBUTORY NEGLIGENCE, CAUSATION, EVIDENCE AND FAILURE TO WEAR A CYCLE HELMET (SOMETHING ABOUT PLEADINGS TOO)
In the previous post in this series I mentioned that there was a backlog. I didn’t anticipate that I would be looking at a case that was decided in 2009. However the judgment has recently arrived on BAILLI and it…
PERSONAL INJURY POINTS 1: WHAT DISCOUNT SHOULD BE GIVEN WHEN CARE IS PROVIDED GRATUIOUSLY ? THE COURT REVIEWS THE “STANDARD APPROACH”
For a while now I have planned a series that gives a focal point to the many cases and examples that arise, and are sent to me, in relation to personal injury matters. Many people offer help but the procedural…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 21st MAY 2025
A defendant is entitled to make a Part 36 offer whenever it wants. The making of an early offer can cause major problems for claimants and their lawyers. An understanding of the rules, the relevant cases and the steps that…
AVOIDING PROBLEMS WITH CLAIMS FOR LOSS OF EARNINGS: A WEBINAR (& CHECKLIST): 14th MAY 2025
There are many ways in which a court can approach a claim for loss of earnings. There are as many ways in which a claim for loss of earnings can go wrong. In recent weeks I have written about cases…
DEDUCTIONS OF INSURANCE PAYMENTS FROM PERSONAL INJURY DAMAGES: TWO RECENT CASES CONSIDERED: A POINT FOR BOTH CLAIMANTS AND DEFENDANTS TO WATCH
The principle that insurance payments are sometimes deducted from a claim for personal injury damages is overlooked. Here we are looking at two recent cases where this principle was considered and applied. In one case, at least, the principle does not…
DEALING WITH THE COUNTER-SCHEDULE AND THE DEFENDANT’S ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 7th MAY 2025
Much of the task of the claimant lawyer concentrates on the task of building up the claim for damages to ensure proper compensation. However it is essential that the lawyer if fully aware of the arguments, case law and principles…
COST BITES 232: COSTS JUDGE REJECTS ARGUMENT THAT THERE SHOULD BE A “SHORT CUT” TO APPROVAL OF SOLICITOR AND OWN CLIENT COSTS FROM A PROTECTED PARTY’S DAMAGES
A solicitor who wishes to deduct “solicitor and own client” costs in a case involving a minor or protected party requires approval by the Court. Here we have a case where the claimant’s solicitors argued, robustly, that the current process…
LIABILITY FOR ACCIDENTS INVOLVING OUTDOOR PURSUITS: WEBINAR 3rd SEPTEMBER 2025
As recent events have shown the consequences of proper training, supervision and knowledge of those responsible for running outdoor activities lead to major injuries and fatalities. This webinar considers the key issues and cases on the topic. Booking details are…
CLAIMANT’S CLAIM AGAINST INSURER FAILS: THE INSURED’S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
Today we are looking at a case where the court considered the impact of The Third Party (Rights against Insurers) Act 2010 in detail. The court decided that the insurer was not liable to indemnify a claimant who had been…
COST BITES 229: THE CORRECT WAY OF CALCULATING A SUCCESS FEE IN A PERSONAL INJURY CASE: THE SOLICITOR DOES NOT HAVE AN AUTOMATIC ENTITLEMENT TO 25% OF THE DAMAGES
The calculation of a “success fee” in a personal injury action is a subject that has been the subject of several cases over the years. The issues were considered by District Judge Lumb in SJ (a minor suing by his mother…
ADDING AN ADDITIONAL PARTY TO A PERSONAL INJURY ACTION AFTER THE EXPIRY OF THE LIMITATION PERIOD: THE TEST IS THAT OF DESIRABILITY RATHER THAN NECESSITY
In Doroudvash v Zurich Insurance PLC [2025] EWCC 10 HHJ Holmes identified a route whereby the claimant in a personal injury case could join an additional defendant into an action after the expiry of the initial limitation period. This construction…
DRAFTING SCHEDULES OF DAMAGES: EFFECTIVE DRAFTING AND AVOIDING THE PITFALLS: WEBINAR 29th APRIL 2025
Over the past few months we have looked at cases where claimants have claimed damages for working 24.4 hours a day, where the contents of a a schedule were found to amount to fundamental dishonesty and where a schedule was…
RECENT CASES ON LOSS OF EARNINGS: WHAT CAN WE LEARN FROM THEM? WEBINAR 23rd APRIL 2025
Practitioners can learn a lot from looking at judgments on claims for loss of earnings. These provide a practical grounding of how the courts approach such claims and, in particular, how judges consider the evidence (or absence of evidence) in…
PROVING THINGS 260: COURT OF APPEAL JUDGMENT ON ADVERSE INFERENCES: “WE REJECT THIS NEW WAY OF PUTTING THE ADVERSE INFERENCE CASE”
I am grateful to David Platt KC for drawing my attention to the Court of Appeal decision in Alexander Johnstone v Fawcett’s Garage (Newbury) Limited [2025] EWCA Civ 467, in particular to the judgment in relation to adverse inferences. The Court of…
CLAIMANT ENTITLED TO COSTS TO BE ASSESSED AFTER LATE ACCEPTANCE OF A PART 36 OFFER: EVEN THOUGH FIXED COSTS APPLIED AT THE TIME THE OFFER WAS MADE
NB THIS DECISION WAS OVERTURNED BY THE COURT OF APPEAL IN Attersley v UK Insurance Ltd [2026] EWCA Civ 217 I am grateful to barrister Thomas Mason for drawing my attention to the judgment today in Laura Attersley v UK…
SPORTING INJURIES IN THE COURTS: WEBINAR 17TH APRIL 2025: SOME INTERESTING TOPICS TO TACKLE…
Injuries to those involved in sports are not unusual. The issues relating to whether injuries are the result of negligence are complex ones. This webinar looks at the law relating to sporting injuries and, importantly, at the practical issues that…
ACCOMMODATION AND APPLIANCE CLAIMS: THE CASES SINCE SWIFT -v- CARPENTER: WEBINAR 15th APRIL 2025
Issues relating to accommodation costs and aids and appliances feature in many moderate to serious personal injury cases. There are relatively few cases where the principles governing damages are considered. This webinar looks at the principles and the practical steps…
DAMAGES FOR PAIN, SUFFERING AND LOSS OF AMENITY: RECENT CASES AND LESSONS TO LEARN FROM THEM: WEBINAR 8th APRIL 2025
Awards for pain and suffering are made in every personal injury case. However the law and principles relating to these awards are rarely considered by practitioners. This webinar takes a close look at recent awards to enable practitioners to know,…
NOW HERE’S AN UNUSUAL APPLICATION: COURT REFUSES DEFENDANTS’ APPLICATION TO APPROVE A SETTLEMENT REACHED WITH A CLAIMANT – WHO HAD CAPACITY
In David Forsyth v Craig Howson & Anor [2025] EWHC 653 (KB) HHJ Claire Evans (sitting as Judge of the High Court) refused an unusual application by the defendants. The claimant had capacity to litigate and yet the defendants sought an order…
SERIES OF 10 WEBINARS ON PERSONAL INJURY DAMAGES: AND YOU CAN BUY A “SEASON TICKET”
The APIL Damages Series is 10 webinars looking at key elements of law and practice relating to personal injury damages. The webinars can be bought and watched individually. APIL has a special offer for all 10, details available here. …
COST BITES 220: QOCS PROTECTION DOES NOT APPLY TO CO-CLAIMANTS WHO DO NOT BRING A CLAIM FOR PERSONAL INJURY: NOR DOES IT APPLY WHEN A CASE IS STRUCK OUT
In BB & Ors v Khayyat & Ors [2025] EWHC 443 (KB) Mr Justice Soole rejected an argument that claimants who had not brought an action for personal injury could have the benefit of QOCS protection. The fact that they…
PROVING THINGS 256: CLAIMANT FAILS TO ESTABLISH LIABILITY AFTER FALLING FROM A HORSE: THE ANIMALS ACT CONSIDERED
This blog has looked at the judgment in Boyd v Hughes [2025] EWHC 435 (KB) several times in relation to procedural issues and assertions of dishonesty. However the case, ultimately, was about a claimant who was injured when she fell…
THIS CASE SHOULD HAVE BEEN ISSUED IN CARDIFF; HEARD IN THE COUNTY COURT AND THERE SHOULD HAVE BEEN A SPLIT TRIAL: HIGH COURT ISSUES A WARNING
We are returning to the judgment of Mr Justice Cotter in Boyd v Hughes [2025] EWHC 435 (KB). At the conclusion of the judgment there is a very clear warning that this case: (i) should not have been issued in the…
DISHONEST EXAGGERATION WAS NOT SUFFICIENTLY SIGNIFICANT TO AMOUNT TO FUNDAMENTAL DISHONESTY: THIS WAS DISHONEST EMBELLISHMENT TO UNDERPIN AN ESSENTIALLY HONEST CLAIM
In Boyd v Hughes [2025] EWHC 435 (KB) Mr Justice Cotter decided, by the very narrowest of margins, that the claimant’s deliberate exaggeration of her claim did not amount to fundamental dishonesty. There was some exaggeration of the effect…
FINDING OF FUNDAMENTAL DISHONESTY AT TRIAL OVERTURNED ON APPEAL: THE TRIAL JUDGE WAS WRONG TO RELY ON AN INJURY THAT DID NOT FORM PART OF THE CLAIMANT’S PLEADED CASE
I am grateful to Express Solicitors for sending me a copy of the judgment of HHK Baddeley in Robinson -v- UK Insurance Limited, a note that case and of the judgment is available here -Robinson word . HHJ Baddeley was…
THE PROPOSED CHANGES TO THE LAW OF LIMITATION AND CHILD SEXUAL ABUSE: DOES THIS GIVE RISE TO A PRACTICAL PROBLEM FOR PRACTITIONERS AND VICTIMS?
In a webinar on limitation tomorrow I am considering, among many other issues, the government’s proposals on changes to limitation in child sexual abuse cases. In particular whether there is a practical dilemma for practitioners with actions that are pending. …
AVOIDING LIMITATION PROBLEMS AND MAKING AN EFFECTIVE SECTION 33 APPLICATION: WEBINAR 20th FEBRUARY 2025
Limitation issues feature regularly on this blog and are a major reason for litigators being sued. This webinar looks at the major problem areas in limitation for personal injury and clinical negligence litigators. It identifies, and helps litigators avoid, all…
FUNDAMENTAL DISHONESTY AND “WITHOUT PREJUDICE” CORRESPONDENCE: JUDGE HOLDS THAT CLAIMANT’S OFFER OF SETTLEMENT WAS ADMISSIBLE
In Morris v Williams [2025] EWHC 218 (KB) District Judge Dodsworth considered the question of whether a letter from the claimant’s former solicitor, which contained proposals by the claimant to settle allegations of fundamental dishonesty, could be adduced as evidence. …
FAILING TO SERVE THE CLAIM FORM IS NOT AN “ABUSE OF PROCESS” SO AS TO LEAD TO QOCS BEING DISAPPLIED: COURT OF APPEAL DECISION
We are returning to the decision of the Court of Appeal in Court of Appeal in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44. The Court upheld a finding that the failure to serve the claim form, or…
COST BITES 213: HOW DOES THE COURT APPROACH ASSESSMENT WHEN COSTS ARE DEDUCTED FROM THE CLIENT’S DAMAGES
We are returning, for the final post (for the time being at least) to the judgment of Cost Judge Rowley in Perrett v Wolferstans LLP [2025] EWHC 68 (SCCO). The judge considered the question of how the costs should be…
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