THE MULTIPLIERS THEY ARE A CHANGING: 8th EDITION OF THE “OGDEN TABLES”
The 17th July saw the publication of the latest (the 8th) edition of the Government Actuary’s Department “Actuarial Tables” “With explanatory notes for use in Personal Injury and Fatal Accident Cases”. This may be particularly frustrating for those who were…
DEDUCTIONS FROM DAMAGES AND MITIGATION OF LOSS IN PERSONAL INJURY CASES: WEBINAR 11th AUGUST 2020 (& THEN AVAILABLE ON DEMAND)
On the 11th August 2020 I am presenting a webinar “Deductions from Damages and Mitigation of Loss”. THE WEBINAR This webinar looks at those matters that could reduce the damages a claimant receives in a personal injury case, looking…
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…
CONTRIBUTORY NEGLIGENCE IN PERSONAL INJURY AND CLINICAL NEGLIGENCE CASE: WEBINAR 7th JULY 2020
On the 7th July 2020 I am presenting a webinar on contributory negligence in personal injury actions and clinical negligence cases. CONTRIBUTORY NEGLIGENCE Contributory negligence is a common feature of personal injury litigation and (sometimes) in clinical negligence cases….
THE EXPERT’S DUTY TO GIVE A RANGE OF OPINION: A DECISION NOT TO DO SO “BORDERING ON ARROGANCE”
Experts have a mandatory duty under the rules to give a range of opinion for their advices. I am grateful to Gary Smith from Prince Evans & Co for sending me a copy of the judgment of HHJ Belcher in…
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…
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,…
INSURERS AND CLAIMANTS COVID-19 PROTOCOL.
The Association of British Insurer’s website carries details of a Protocol put in place to deal with the COVID-19 situation. There is a list of signatories on the site, that list also contains the “escalation email address” and hotline number…
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…
FIXED COSTS OUSTED BY AGREEMENT: INSURER HAS TO STAND BY THE DEAL IT STRUCK
I am grateful to barrister Andrew Roy for sending me a copy of the decision of District Judge Baldwin (sitting as a Regional Costs Judge) in Turner -v- Cole (16th December 2019). It is a case where the judge held…
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…
APPLICATION UNDER SECTION 33 SUCCEEDS MORE THAN 24 YEARS AFTER EXPIRY OF LIMITATION PERIOD
In BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor [2020] EWHC 156 (QB) Mr Justice Chamberlain allowed the claimant’s application under Section 33 of the Limitation Act in a case that was issued more than 24…
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…
PLEADINGS: CLAIMANTS – TELL THE DEFENDANT THE CASE THAT IT IS GOING TO BE PUT AGAINST THEM
There are some interesting observations as to how a claimant should plead their case in the judgment in Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB). “If, as in this case, the Claimant produces only at trial…
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…
PERSONAL INJURY CASES WHERE THE DEFENDANT IS NOT INSURED AND HAS NO ASSETS: LOOK TO THE CLAIMANT’S OWN INSURANCE POLICY
Periodically I repeat the second ever post on this blog. This related to the (surprising to many) fact that it may be possible for a claimant with an unsatisfied judgment to recover damages from their own domestic insurance policy. …
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…
CLAIMANT’S LATE ACCEPTANCE OF PART 36 OFFER: UNCERTAINTY OF FUTURE OUTCOME NOT GROUNDS FOR MAKING A DIFFERENT COSTS ORDER
The judgment of Mrs Justice Lambert in Campbell -v- Ministry of Defence [2019] EWHC 2121 (QB) emphasises the difficulties for a claimant who has accepted a Part 36 offer late. The claimant had to bear the usual costs consequences and…
FALL DOWN AIRCRAFT STEPS WAS AN “ACCIDENT”: HIGH COURT DECISION
Several posts last week dealt with claims relating to aircraft and the limitation period. The Montreal Convention was considered in Labbadia v Alitalia (Societa Aerea Italiana SPA) [2019] EWHC 2103 (QB). (One essential point to take home is that this…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 4: AVIATION, PLANES, AIRPORTS AND BALLOONS: VICIOUS RULES APPLY
This is the fourth in the series. The purpose of this post is to make you feel really uncomfortable when you are involved with a case that involves aviation and personal injury, in any way shape or form. Including when…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 2: HOW DO YOU MISS THE THREE YEAR LIMITATION PERIOD?
This series looks at avoiding negligence claims in litigation, personal injury litigation in particular. The easiest (and most common) method of a negligence claim is missing the limitation period. How does anyone miss a three year limitation period? The basic…
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…
THE ROLE OF THE SOLICITOR IN PERSONAL INJURY LITIGATION: IDEAS TAKEN FROM THE SECRET BARRISTER
There was a tweet yesterday from someone (a non-lawyer) asserting that personal injury lawyers did not need to know the law. His purpose, I suspect, was to lead on to an argument that the work could be done by someone…
INTERIM PAYMENT ON ACCOUNT OF COSTS: PERMISSION TO APPEAL REFUSED BY THE COURT OF APPEAL
I wrote on the judgment in I – interim payment of costs. in an earlier post. An article on the Switalskis website today states that the Court of Appeal refused the defendant’s application for permission to appeal.( I know that the…
PROVING THINGS 155: WITNESS EVIDENCE THAT GOES WRONG: HOTEL PROPRIETOR NOT LIABLE TO GUEST FOR ASSAULT BY TRESPASSER
In Al-Najar & Ors v The Cumberland Hotel (London) Ltd [2019] EWHC 1593 (QB) Mr Justice Dingemans found that proprietors of a hotel had not been in breach of duty when some of their guests had been assaulted by a…
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…
MOTOR INSURERS BUREAU IS LIABLE TO COVER VEHICLE BEING DRIVEN OFF ROAD: COURT OF APPEAL DECISION TODAY
NB THE PRACTICAL EFFECT OF THIS DECISION WAS OVERTURNED BY THE THE MOTOR INSURERS (COMPULSORY INSURANCE) ACT 2022 In Motor Insurers’ Bureau v Lewis [2019] EWCA Civ 909 the Court of Appeal upheld the finding of Mr Justice Soole that…
RISK ASSESSMENTS: USEFUL LINKS: A HOMAGE TO THOSE AT THE APIL CONFERENCE TODAY (OR AT LEAST THOSE WHO ATTENDED MY TALK…)
In a seminar I gave earlier today I was speaking about the central importance of risk assessments in relation to liability. Risk assessments can be important to establishing liability and practical knowledge of the nature of risk assessments is important. …
FIXED COSTS WHEN A PERSONAL INJURY ACTION SETTLES FOR MORE THAN £25,000: “NEW RULES” TO BE APPLIED AND FIXED COSTS APPLY
I am grateful to Matthew Hoe from Taylor Rose TTKW for sending me a copy of the judgment of HHJ Sephton QC in Lovatt -v- Lew Diecastings Ltd (County Court in Manchester, 4th December 2018). Lovatt v LEW Diecastings Ltd…
BREACH OF REGULATIONS IS IPSO FACTO NEGLIGENT: HIGH COURT JUDGMENT ON s.69 OF THE ERRA
I am grateful to Colm Nugent for sending me a copy of the judgment of HH Gore QC (sitting as a High Court judge) in Tonkins -v- Tapp (7th December 2018). The judgment deals with the issue of the relevance…
LIABILITY OF McKENZIE FRIEND: EXCLUSIVE NOTE OF JUDGMENT:
There was considerable discussion yesterday about the decision of HHJ Eady (sitting as a High Court judge) in Wright -v-Troy Lucas. My colleague Colm Nugent has been kind enough to send me a note of the judgment (where he appeared…
PROVING THINGS 142: CLAIMANT HAS TO PROVE SIZE OF HIGHWAY DEFECT: PHOTOGRAPHS THAT WERE “ALMOST COMPLETELY USELESS”
The judgment today in Walsh v The Council of the Borough of Kirklees [2019] EWHC 492 (QB) contains an important message for anyone involved in highway or “tripper” litigation: the claimant has to have evidence to prove the size of 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…
THE ABSENCE OF KEY DOCUMENTS CANNOT BE EASILY IGNORED: CLAIMANT SHOULD HAVE BEEN SUCCESSFUL: JUDGMENT FOR DEFENDANT OVERTURNED ON APPEAL
In Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWHC 149 (QB) Mr Justice Garnham overturned a judgment in favour of a defendant. The defendant’s failure to produce key documents, or give any explanation for their not being available, was a major…
THE ADMISSIBILITY OF POLICE REPORTS AS EVIDENCE: NO NEGLIGENCE WHEN DRIVER FEARED HE WAS TO BE ASSAULTED: A CASE TO POINT
In Mohmed v Barnes & Anor [2019] EWHC 87 (QB) Mr Justice Turner found that a driver had not been negligent when he drove into a pedestrian an attempt to escape an assault. The case is important in relation to an…
CIVIL PROCEDURE: BACK TO BASICS 24: THE BANKRUPT CLAIMANT (PERSONAL INJURY LITIGANTS IN PARTICULAR)
I am writing this primarily because of a conversation I had with a law graduate who thought the term “bankruptcy” was a generic term to cover anyone who was hard up. The very basic point about what bankruptcy is, and…
NOT TELLING THE CLAIMANT THE AMOUNT OF HIS DAMAGES: JUDICIAL APPROVAL OBTAINED
In EXB v FDZ & Ors [2018] EWHC 3456 (QB) Mr Justice Foskett had to consider the approach of the court when it was felt to in the claimant’s best interests not to be told of the size of his award…
PROVING THINGS 133: FALLING OFF A BED AND THE PIECES OF THE JIGSAW
The case of Busby v Berkshire Bed Company Ltd [2018] EWHC 2976 (QB) was one of those cases that centred on credible evidence. It is an example of where witnesses can be totally honest but mistaken in their recollection. The judge…
DOES A COUNTERCLAIMING DEFENDANT HAVE THE BENEFIT OF QOCS? NOT IN THIS COURT: THERE ARE NOW TWO (CONFLICTING) JUDGMENTS ON THIS ISSUE
I am grateful to Barrister Kevin Latham for sending me details of the decision of HHJ Venn in Waring -v- McDonell [2018] EW Misc B11 (CC). A link to the full decision is also available at the foot of Kevin’s…
PROVING THINGS 123: THE PERSONAL INJURY CLAIMANT WHO COULD NOT SAY WHETHER OR NOT HE HAD BEEN INJURED
We looked at the case of Kavak v FMC – HHJ Pearce Manchester CC 24.04.18) in an earlier post, primarily in the context of re-allocation. However that case provides a clear illustration of a failure to prove a basic element of…
LIMITATION: COURT DOES NOT EXERCISE SECTION 33 IN CASE CONCERNING ALLEGATIONS OF SEXUAL ABUSE: A CAUSE OF ACTION CANNOT BE PUT ON THE SHELF
This is the second post of the day on Section 33. In Murray v Devenish & Ors (Sons of the Sacred Heart of Jesus) [2018] EWHC 1895 (QB) the claimant was not successful. Mr Justice Nicol held that the claimant’s delay…
LIMITATION: SECTION 33 IN A FATAL DISEASE CASE: CASE ALLOWED TO PROCEED AFTER 25 YEAR DELAY
In Pearce & Ors v The Secretary of State for Business, Energy And Industrial Strategy & Ors [2018] EWHC 2009 (QB) Mr Justice Turner considered the principles relating to Section 33 of the Limitation Act 1980 and granted an application where…
DEALING WITH THE ARCH ENEMY: EVERY LITIGATOR’S BUGBEAR
Some of the ideas for this blog come from the legal community on Twitter. This evening there was a discussion about the virtues of instructions that arrive in numerous emails versus the problematic (and usually broken) arch lever file. Last…
PROVING THINGS 121: FAILING TO PROVE LOSS OF EARNINGS, AND THE APPROPRIATE APPROACH WHERE FUTURE TREATMENT IS UNCERTAIN
Yesterday I looked at Welsh v Walsall Healthcare NHS Trust [2018] EWHC 1917 (QB) and the comments from the judge in relation to the joint statement of experts. The case also contains interesting observations in relation to proving damages. These are observations on matters…
BREACHING THE RULES, RELIEF FROM SANCTIONS, PERMISSION TO APPEAL AND THE CORRECT JUDGE TO HEAR THE APPEAL
There is much for the litigator to ponder in the Court of Appeal judgment in Broughal v Walsh Brothers Builders Ltd & Anor [2018] EWCA Civ 1610. Firstly how did the claimant come to be in a position when it breached…
WHEN IS A REPORT NOT A MEDICAL REPORT? RELIEF FROM SANCTIONS GRANTED WHEN CLAIMANT FAILED TO SERVE A “MEDICAL REPORT” WITH THE PARTICULARS OF CLAIM
In a judgment given today at Leeds County Court His Honour Judge Gosnell held that a claimant, seeking damages for industrial deafness, breached the rules when issuing by not serving a medical report but serving an “AMR” report. The judge,…
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