INSOLVENCY FOR PERSONAL INJURY LAWYERS: WEBINAR 15th SEPTEMBER 2023
Issues relating to individual insolvency, a claimant’s bankruptcy or the defendant’s financial position can loom large in some cases. From a claimant’s solicitor finding out, half way through a case, that their client is bankrupt, to the issues of proceeding…
DRAFTING SCHEDULES OF DAMAGES: “THE SCHEDULE WAS A FICTION … THE POINT WAS RECOGNISED ON BEHALF OF BOTH CLAIMANTS”: SELECTED QUOTES (AND A WEBINAR)
The the judgment of Costs Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO) is one of a long series of cases where judges have been critical of the way in which schedules of damages have been…
THE COVER UP IS INVARIABLY WORSE THAN THE ERROR: WHAT TO DO WHEN MISTAKES ARE MADE
The post earlier this week based on the article by the Honourable Joseph Quinn led to to look in detail at one point made – that of avoiding a “cover up” and acting immediately to deal with mistakes. This led…
TWELVE KEY POINTS FOR PERSONAL INJURY LAWYERS ABOUT BANKRUPTCY AND INSOLVENCY (AND A PLUG FOR A WEBINAR)
I still see, on a fairly regular basis, problems caused in personal injury cases where a claimant is bankrupt and has failed to tell their lawyers. Equally often there are cases where it is clear that a claimant is, or…
THE COSTS JUDGE OVER YOUR SHOULDER: DEDUCTING COSTS FROM THE CLIENT’S DAMAGES: WEBINAR 20th SEPTEMBER 2023
On the 20th September 2023 I am presenting a webinar looking at issues relating to the deduction of costs from the client’s damages in a personal injury claim.This webinar looks at the regulations and case law relating to the deduction…
THREE WEBINARS ON KEY ISSUES IN FATAL ACCIDENT LITIGATION
I am presenting three webinars on fatal accident litigation for later this year. These deal with recent developments in fatal accident litigation; children and fatal cases and the difficult issue of damages in anticipation of death and claims for losses…
PROVING THINGS 226: PROVING CONTRIBUTORY NEGLIGENCE (AND A WEBINAR ON THAT VERY SUBJECT…)
There is often very little attention paid to judgments in relation to contributory negligence. Commentators tend to concentrate, on the whole, on primary liability. If considered at all contributory negligence is often an after thought – a “finding on the…
UPDATES ON PART 36: YOU’VE READ THE BLOG – NOW SEE THE MOVIES…
The update I gave on May 3 2023 for Kings Chambers Costs and Litigation Funding Team on Part 36 is now available on YouTube on this link THE WEBINAR The webinar goes through the significant cases on Part 36…
Costs and the administration of estates: Kings Chambers Costs Team Webinar: 18th May 2023
On the 18th May 2023 at 4.00 pm my colleagues at Kings Chambers Matthew Smith and Andrew Hogan are presenting a webinar on costs and the administration of estates. “the consideration that professional advisers should generally be paid for their…
CONTRIBUTORY NEGLIGENCE: LEARNING FROM RECENT CASES: WEBINAR 5th JUNE 2023
Contributory negligence is one of those issues that play a daily part of the life of the personal injury practitioner. The basic principles underlying findings of contributory negligence are rarely explored, however these can have profound practical implications for the…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 25th APRIL 2023
This blog spends a lot of time looking at cases where things have gone wrong, for one reason and another. This webinar on the 25th April 2023 looks at the main problem areas in litigation and the practical steps that…
Damages for pain and suffering: The legal principles and their practical implications: Webinar 12th April 2023
On the 12th April 2023 I am presenting a webinar on “Damages for pain and suffering”. Looking, in a detailed way at the practical issues that a litigator has to consider when dealing with awards for pain and suffering. The…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 30th MARCH 2023
The changes to the rules as to the set off of QOCS for action issued on or after the 6th April 2023 makes the proper assessment of Part 36 offers of even more importance. Not only will the costs incurred…
THE COSTS JUDGE OVER YOUR SHOULDER – MAXIMISING RECOVERY ON ASSESSMENT: WEBINAR 6th APRIL 2023
I am presenting a webinar on the 6th April 2023 – The Costs Judge Over Your Shoulder 2023 – Maximising recovery. Booking details are available here. THE WEBINAR “Here the reduction was very large and the reason for the reduction was…
REDUCING THE RISKS OF ADVERSE COSTS ORDERS IN CIVIL LITIGATION: WEBINAR 23rd MARCH 2023
With the changes coming into place in relation to QOCS on the 6th April 2023 it is now more important than ever that claimants avoid adverse costs orders. This webinar looks at the best and safest means of litigating to…
Fatal accidents series 2023 – Taking care of the client and yourselves: Webinar 1st March 2023: Essential viewing on St David’s Day
On the 1st March 2023 solicitor Hilary Wetherell is presenting the 5th webinar in the series on fatal accidents. Booking details are available here. The webinar deals at the practical steps that the lawyer can take to understand and help…
THE NEW RULES ON QOCS 3: WHAT INFORMED COMMENTATORS ARE SAYING: & TWO USEFUL WEBINARS
In the third in this series I thought it would be useful to highlight what informed commentators are saying in relation the new rules. I have gathered a range of views below. I have taken some key comments, however reading…
ENSURING EVERYTHING GOES RIGHT IN FATAL ACCIDENT CLAIMS: WEBINAR 22nd FEBRUARY 2023
On the 22nd February 2023 I am presenting a webinar on Fatal Accidents “Ensuring Everything Goes Right”. This looks at the problem areas that can arise in fatal claims and how to avoid them. Booking details are available here. THE…
PREPARING A SCHEDULE IN A FATAL CLAIM: WEBINAR 15th FEBRUARY 2023
On the 15th February 2023 I am presenting a webinar on preparing a schedule in a fatal accident claim. The webinar looks at the essential elements of a claim for damages in fatal accident litigation, considering all the information necessary…
ITS OFFICIAL – THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
Following detailed discussions by the judging panel the winner of the Wig and Pens Prize for the best costs advice has been decided. THE CRITERIA “What single piece of Advice on costs would you give to a young lawyer? …
UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
On the 8th February 2023 I am presenting a webinar “Understanding the Law Relating to Fatal Accidents”. Booking details are available here. THE WEBINAR This webinar takes you through the essential elements you have to consider before you can advise…
WHAT IS THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER? THE ENTRIES
What single piece of Advice on costs would you give to a young lawyer to stand them in good stead throughout their career? This was the question asked in the contest started last month. The contest has a prize generously…
WEBINAR ON FATAL ACCIDENTS 1: SEEING THE CLIENT FOR THE FIRST TIME AND PREPARING FOR THE INQUEST: 1st FEBRUARY 2023
On the 1st February 2023 solicitor Hilary Wetherell is presenting the first in a series of webinars on fatal accidents. This webinar deals with the essential elements of the first meeting with the client and preparing for the inquest. Booking…
UNDERSTANDING FATAL ACCIDENT LAW: A SERIES OF FIVE WEBINARS THIS YEAR
Together with solicitor Hilary Wetherell we are presenting a series of five seminars on fatal accident law and litigation. These take you through seeing the client for the first time, understanding the law relating to fatal claims, preparing a Schedule,…
KINGS CHAMBERS COSTS GROUP WEBINAR ON BELSNER: 1st DECEMBER 2022
This webinar by Kings Chambers on the 1st December 2022 gives litigators a chance to consider the practical implications of the Belsner decision. THE PRESENTERS My colleagues Craig Ralph and Andrew Hogan will consider the significance of the Belsner and Karatysz cases,…
PROBLEMS WITH EXPERTS- THE ISSUES ARE UNIVERSAL: AN EXAMPLE FROM THE IRISH COURTS: WEBINAR ON EXPERTS 14th DECEMBER 2022
When in September I planned the webinar Expert Evidence in the Courts in 2022 there had been a dozen or so cases relating to experts in litigation. Since then there have been half a dozen more. There is an example…
ANALYSIS OF BELSNER 4: FAIR COSTS AND LEGAL FICTION : PLUS A USEFUL WEBINAR
The latest development in Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 is that the unsuccessful claimant has been ordered to pay £130,000 on account of costs and repay £25,000 that was previously paid to her. However, here I…
ESCAPING FIXED COSTS WEBINAR: IF YOU MISSED IT LIVE YOU CAN SEE IT HERE
I put details of this webinar up in early November. Unfortunately the event reached capacity and some people were not able to view it. However it was recorded and it is now available online here. THE WEBINAR Fixed costs…
“HE LACKED THE NECESSARY EXPERTISE TO SUBSTANTIATE AND JUSTIFY HIS CONCLUSION”: A CASE WHERE NO SPECIFIC RELIANCE WAS PLACED ON AN EXPERT’S EVIDENCE
In Eaton v Auto-Cycle Union Ltd & Ors [2022] EWHC 2642 (KB) Mr Justice Turner was critical of the expert evidence called by the claimant. “Quite simply, he lacked the necessary expertise to substantiate and justify his conclusions. It…
FATAL ACCIDENTS 2023: SEEING THE CLIENT; UNDERSTANDING THE LAW; THE SCHEDULE: GETTING THINGS RIGHT: TAKING CARE OF YOUR CLIENTS AND YOURSELVES: A SERIES OF WEBINARS TO GUIDE YOU THROUGH IT
Alongside solicitor Hilary Wetherell we are presenting a series of webinars to take practitioners through the major elements of personal injury law, practice and procedure. Each webinar can be viewed as a stand alone webinar as well as being part…
WEBINAR ON CARE, AIDS & APPLIANCES CLAIMS AFTER MUYEPA -v- THE MINISTRY OF DEFENCE: 18th NOVEMBER 2022
I have already written three times about the judgment of Mr Justice Cotter in Muyepa v Ministry of Defence [2022] EWHC 2648 (KB). I have not explored in detail the important observations in that judgment in relation to claiming, and presenting,…
JUDGE FINDS PROCESS BY WHICH EXPERT REPORT OBTAINED “SO FLAWED, AND THE MATERIAL ON WHICH IT IS BASED SO LIMITED AND CONJECTURAL THAT IT WOULD BE ENTIRELY WRONG FOR ME TO PLACE ANY WEIGHT ON IT WHATSOVER”
In de Renee v Galbraith-Marten [2022] EWFC 118 Mr Justice Mostyn commented on an expert report that one of the parties sought to introduce. The report had been obtained in breach of the rules. It did not comply with the…
ESCAPING FIXED COSTS: KINGS CHAMBERS WEBINAR: 2nd NOVEMBER 2022
My colleagues Andrew Hogan and Paul Hughes are presenting a webinar on the 2nd November 2022 4 – 5pm on “escaping fixed costs”. The webinar is free. Booking details are available here. NB the live event is now “full”. It…
RECENT CASES ON LOSS OF EARNINGS: WHAT YOU NEED TO KNOW: WEBINAR 21st NOVEMBER 2022
I am presenting a webinar “Recent Cases on Loss of Earnings: What you need to know” on the 21st November. Booking details are available here. THE WEBINAR This webinar looks at recent cases in relation to loss of earnings and…
ONE DAY OUT – BUT STILL TOO LATE: WEBINAR ON SERVICE OF THE CLAIM FORM CASES IN 2022: 14th OCTOBER 2022: “RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS”
This webinar is of interest to all litigators. It covers recent cases where there have been issues relating to the claim form. These cases involve litigation at every level, including the Court of Appeal, the Administrative Court, the High Court…
CHOOSING AN EXPERT: AN ACADEMIC OR PRACTICAL EXPERIENCE: HOW WILL THEY PERFORM WHEN THEY GET THE BIT BETWEEN THEIR TEETH?
One of the difficult issues that has to be faced when instructing experts is whether to choose academic qualifications or practical experience. This issue can be seen in the judgment of HHJ Melissa Clarke (sitting as a High Court Judge)…
AVOIDING LIMITATION PROBLEMS IN PERSONAL INJURY: WEBINAR 29th SEPTEMBER 2022
On the 29th September 2022 I am presenting a webinar “Avoiding Limitation Problems”. This deals with the major issues relating to limitation in personal injury actions. Booking details are available here. THE CONTENTS OF THE WEBINAR Basic limitation periods,…
AVOIDING PROCEDURAL PROBLEMS: A PRACTITIONER’S GUIDE: WEBINAR 23rd SEPTEMBER 2022
In case anyone hasn’t noticed a lot of (perhaps the vast majority) of posts on this blog relate to procedural issues and problems that litigators have run into, or taken advantage of. On the 23rd September 2022 I am presenting…
EXPERT EVIDENCE IN THE COURTS IN 2022 – REVIEW AND GUIDANCE: DON’T LET THESE PROBLEMS HAPPEN TO YOU: WEBINAR 14th DECEMBER 2022
As the two posts on this blog yesterday showed there appears to be a never ending problem with expert evidence. This year there have been over a dozen cases about expert evidence reported on this blog alone, all of them…
AVOIDING UNDER-SETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS: WEBINAR 20th SEPTEMBER 2022
A webinar on “avoiding undersettlement” for personal injury lawyers is being held on the 20th September 2022. Booking details are available here. “We go back through your claim in fine detail and if we find that your previous solicitor…
CASES ON SERVICE OF THE CLAIM FORM IN 2022: WHAT LITIGATORS CAN, AND MUST LEARN FROM THEM: WEBINAR 14th OCTOBER 2022
2022 has seen some significant decisions in relation to service of the claim form, with many claimants coming to grief due to basic errors made when serving, or attempting to serve. This webinar “One Day Out” but still too late:…
COURT AWARDS CLAIMANT DAMAGES FOR HARASSMENT: FORTHCOMING WEBINAR ON THE LAW OF HARASSMENT AND THE PERSONAL INJURY LAWYER
In Thomas Hodson Hodson Developments Ltd v Person Unknown & Ors [2022] EWHC 1960 (QB) Mr Justice Jay awarded damages in a case where he found that the defendants had harassed the claimant. An award was made for general damages…
PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: THE IMPORTANCE OF RECENT DEVELOPMENTS: WEBINAR 9th SEPTEMBER 2022
This webinar looks at recent cases in relation to periodical payments and provisional damages and considers their practical implications for personal injury practitioners. Booking details are available here. WEBINAR CONTENTS Cases to be considered include: The decision in Mathieu v…
Witness statements in the client’s own words: Witness statements when the client’s first language is not English: Webinar today
I am giving a webinar on the 25th July 2022 at 12.00 on “Witness statements in the client’s own words: Witness statements when the client’s first language is not English.” Booking details can be found here. (The webinar will be…
WEBINARS ON KEEPING YOUR COOL: UNDERSETTLEMENT, PROCEDURAL PITFALLS AND LIMITATION PROBLEMS: AVOIDING MATTERS HEATING UP WHEN THE HEATWAVE IS OVER
In September I am presenting a number of webinars with the theme of “avoiding problems”. These are avoiding undersettlement: avoiding procedural pitfalls and avoiding problems with limitation. “AVOIDING UNDERSETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS” 19th September 2022 …
FATAL ACCIDENTS: AVOIDING THE PITFALLS: WEBINAR 28th JUNE 2022
This webinar is designed to look at those areas of fatal accident litigation where a lawyer can be negligent, or run into significant problems. Booking details are available here. TOPICS TO BE COVERED Important issues prior to death, the…
DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY: WEBINAR 21st JUNE 2022
This webinar looks at the difficult, but important, issue of how the courts award damages when a claimant has reduced life expectancy as a result of their injuries. Booking details available here. TOPICS TO BE COVERED What is the…
THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 15th JUNE 2022
This webinar looks at the problems and issues faced by a child who has suffered the loss of parents or carers. It looks at the position when children are the sole claimants, have a dependency claim as part of a…
THE COMPENSATION RECOVERY UNIT, LISTED AND UNLISTED BENEFITS
I gave a webinar earlier today in relation to deductions from damages. One of the issues considered was the problems caused by Universal Credit. There is an important distinction, in law, between “listed” benefits – which are subject to CRU…
THE COSTS JUDGE OVER YOUR SHOULDER: THINKING ABOUT DETAILED ASSESSMENT OF COSTS FROM THE OUTSET: WEBINAR 20th JULY 2022
The assessment of costs is a crucial stage in litigation. Detailed assessment usually takes place after attempts at settlement of costs have failed and there are some major differences between the parties. Relatively few litigators have experience of attending a…
You must be logged in to post a comment.