WHAT DO YOU DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER? WEBINAR 8th JULY 2022
In the recent case of MRA -v- The Educational Fellowships Ltd [2022] EWHC 1069 (QB) it was held that the claimant had to face the usual Part 36 consequences when a Part 36 offer was accepted late. The fact that there…
THE JOINT MEETING OF EXPERTS AND THE JOINTLY INSTRUCTED EXPERT: KEY ISSUES, PROBLEM AREAS AND PRACTICAL SOLUTIONS: WEBINAR 30th JUNE 2022
We have recently seen a case where a party disallowed from using an expert due to conduct at the joint meeting of experts stage. The meeting of experts is now a key stage in much major litigation. Knowledge of the…
RECENT CASES IN FATAL ACCIDENT LITIGATION: WHAT CAN WE LEARN FROM THEM? WEBINAR 8th JUNE 2022
The law as to fatal accident damages is based primarily on judicial decisions. To understand damages fully it is important that you have a detailed knowledge of key decisions and how fatal accident damages are approached by the courts. It…
A SERIES OF WEBINARS ON FATAL ACCIDENT LITIGATION AND DAMAGES: JUNE 2022
There are a series of four webinars in June 2022 on key aspects of fatal accident litigation and damages. Looking at recent cases, the child claimant and fatal accidents, damages in anticipation of death and avoiding the pitfalls of fatal…
ANOTHER FAILED SERVICE CASE: AGREEMENT TO ACCEPT SERVICE BY EMAIL DID NOT EXTEND TO DOCUMENTS ALREADY SENT
We have another case falling foul of the provisions in relation to service. In Allen v Mittal [2022] EWHC 762 (Ch) Deputy Insolvency and Companies Court Judge Agnello QC rejected an applicant’s arguments that an application had been served properly. …
SERVING THE CLAIM FORM PROPERLY – THE DIRE PROBLEMS IF YOU DON’T, AND THE LESSONS TO BE LEARNT FROM GOOD LAW: WEBINAR 11th APRIL 2022
The decision of the Court of Appeal today in The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 35 emphasises the need for all litigators to know,…
WEBINAR ON THE SUMMARY ASSESSMENT OF COSTS: 29th MARCH 2022
On the 29th March 2022 I am presenting a webinar on the summary assessment of costs. This takes a detailed look at the rules, practice direction and relevant guidance. Booking details are available here. MATTERS TO BE COVERED When a…
EXPERT EVIDENCE: KNOWING WHERE IT CAN ALL GO WRONG – AND AVOIDING PROBLEMS BEFORE THEY OCCUR:WEBINAR ON EXPERTS AND FOR EXPERTS: 21st MARCH 2022
A number of recent cases have emphasised the importance of those who instruct experts, and experts themselves, being fully aware of the nature and scope of the duties of an expert. This webinar looks at cases where experts have gone…
WITNESS EVIDENCE IN CLINICAL NEGLIGENCE CASES: WEBINAR 22nd MARCH 2022
Over the past few months this blog has covered several cases where clinical negligence cases have been determined, ultimately, on the accuracy of witness recollection. For example the judgment of Mr Justice Ritchie in Watson v Lancashire Teaching Hospitals NHS…
CLAIMS FOR LOSS OF EARNINGS OF THE SELF-EMPLOYED AND THOSE INVOLVED IN ENTERTAINMENT AND SPORT: WEBINAR 14th MARCH 2022
There are 5 million self-employed people in the United Kingdom making up 15.5% of the workforce. A self-employed person (including directors of small companies) face particular difficulties when seeking to recover loss of earnings after being injured. Similarly those who…
CLAIMS FOR LOSS OF EARNINGS: LEARNING FROM RECENT CASES: WEBINAR 7th MARCH 2022
The “Proving Things” series on this blog often looks at cases relating to loss of income. Recent cases on this topic are explored in a webinar on the 7th March 2022: Claims for Loss of Earnings: Learning from Recent Cases,…
Children and liability: Law, practice and procedure: WEBINAR 22nd FEBRUARY 2022
This webinar looks at the law and practice relating to children as claimants and defendants. It also looks at those cases where allegations are made against those who had care of the children and vicarious liability for the acts of…
THE SOMETIMES CRUEL WORLD OF PART 36 OFFERS: INSPIRED GUESSWORK MAY BE NECESSARY WHEN A PARTY RECEIVES AN OFFER: A REMINDER OF THE CASE LAW
As part of a series of webinars by Kings Chambers Costs and Funding Group I recently recorded a webinar on Part 36 Recent cases and what they can teach us. One case, in particular, cause some comment and questions from…
WITNESS EVIDENCE IN CLINICAL NEGLIGENCE CASES: CRUCIAL FACTUAL FINDINGS MADE IN FAVOUR OF THE DEFENDANT
It is surprising how many clinical negligence cases rest, ultimately, on findings of fact as to what was said. An example can be seen in the judgment of Mr Justice Ritchie in Watson v Lancashire Teaching Hospitals NHS Foundation Trust…
PROVING THINGS 224: PROVING LOSS OF EARNINGS: THE IMPORTANCE (& LIMITATIONS) OF THE CLAIMANT’S OWN EVIDENCE
The impairment of someone’s ability to earn their living is always a serious matter. There are a number of approaches that the court can take to the award of damages. Anyone representing a claimant should read McRae -v- Chase International…
STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS 2022: FORTHCOMING WEBINAR
Recently we have looked at several cases where the importance of proper pleading was emphasises. For instance in Charles Russell Speechlys LLP v Beneficial House (Birmingham) Regeneration LLP [2021] EWHC 3458 (QB) the appeal was allowed, and the matter remitted…
AVOIDING PROCEDURAL PITFALLS IN PERSONAL INJURY LITIGATION: WEBINAR 20th JANUARY 2022
There are a number of cases reported today in relation to service of the claim form and relief from sanctions. This may be an appropriate time to remind people of the webinar on the 20th January 2020 “Avoiding Procedural Pitfalls…
“WHAT IS THE POINT OF HANDLING A CASE FOR A COUPLE OF YEARS AND THEN FAILING TO PRESENT IT WELL TO THE COURT?”
This may be one of the few blogs that has a category “Trial Bundles”, with dozens of posts on this topic. It remains one of the most searched and read subjects on this site. Here I am revisiting a useful…
AVOIDING PROBLEMS WITH LIMITATION AND MAKING A SECTION 33 APPLICATION: WEBINAR 13th JANUARY 2022
On the 13th January 2022 I am giving a webinar on Avoiding Problems with Limitation and making a Section 33 application. Booking details are available here. THE WEBINAR The webinar looks at recent cases about limitation in personal injury…
“A SOLICITOR, NO MATTER HOW EXPERIENCED OR INEXPERIENCED, MUST BE TAKEN TO KNOW THE CIVIL PROCEDURE RULES”
That quotation, taken from the judgment of HHJ Bird in Holterman v Electrium (2020) EWHC 3915 ( TCC) was chosen by Professor Dominic Regan as his “thought of the year” in a recent tweet. Since there are 3208 pages in…
INSOLVENCY FOR PERSONAL INJURY LAWYERS: WEBINAR 16th DECEMBER 2021
On the 16th December 2021 I am presenting a webinar “Insolvency for Personal Injury Lawyers”. In addition to the issues relating to personal insolvency the webinar will look at the latest cases in relation to third party rights against insurers…
CONTRIBUTORY NEGLIGENCE RECENT CASES AND THEIR PRACTICAL RELEVANCE: WEBINAR 9th DECEMBER 2021
On the 9th December 2021 I am giving a webinar on contributory negligence. This looks at recent cases where contributory negligence has been considered in the courts and the practical lessons that litigators can learn from this. Booking details available…
APPLICATIONS AND INTERLOCUTORY HEARINGS (PLUS APPLYING FOR EXTENSIONS OF TIME)
On the 2nd December 2021 I am giving a webinar “Applications and Interlocutory Hearings: A Practitioner’s Guide”. Since applications are made, and resisted, on a regular basis it is easy to overlook the underlying rules and case law. This webinar…
TO HELP YOU OVER A WINTER, A SERIES OF WEBINARS ON APPLICATIONS, LIABILITY, INSOLVENCY, PLEADINGS AND AVOIDING PROBLEMS IN LITIGATION
I am presenting a series of webinars on several aspects of litigation over December, January and February. All are one hour long. General details can be found here. The links to specific webinars can be found below. APPLICATIONS AND…
THE NEED FOR A CLAIMANT TO PROVE INJURY: WITHOUT EVIDENCE THE ACTION SHOULD NOT HAVE BEEN BROUGHT
The earlier post on proving causation highlights the matters that claimants need to prove when bringing a claim for damages. One essential element is that a claimant needs to prove damages. One case that shows a clear illustration of this…
PROVING DAMAGES: WEBINAR 25th NOVEMBER 2021
At the moment there are 217 individual posts in the “Proving Things” series on this blog. Many, if not most, of the posts relate to a failure by a party to prove a crucial piece of their case at trial….
THE SOLICITOR, SOCIAL MEDIA AND THE DUTY TO DISCLOSE: WHEN A SOLICITOR ADVISES THAT DOCUMENTS BE DELETED OR HIDDEN…
There is an interesting/alarming report of an (unnamed) case on Kennedy’s website here, as part of a general discussion about wasted costs. Discussing issues relating to fundamental dishonesty there is an account of a recent case where a claim had…
DISCLOSURE AND DOCUMENTARY EVIDENCE: WEBINAR 19th NOVEMBER 2021
There are many cases on disclosure on this blog. Almost invariably these involve something going wrong. For example in Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) the court, on appeal, found that a claimant had been fundamentally honest…
SURVEILLANCE EVIDENCE IN PERSONAL INJURY CASES: WEBINAR 4th NOVEMBER 2021
On the 4th November I am giving a webinar on surveillance evidence. Booking details are available here. This webinar deals with practice and procedure in relation to the production of surveillance evidence in personal injury cases and looks at: The…
CIVIL EVIDENCE AND SOCIAL MEDIA: WEBINAR 28th OCTOBER 2021: GET LINKED IN TO RECENT DEVELOPMENTS…
On the 28th October 2021 I am giving a webinar on Civil Evidence and Social Media. I will be looking at some recent cases where social media has played a part in the outcome of cases. Booking details are available…
EXPERT EVIDENCE – UNDERSTANDING THE BASICS AND AVOIDING THE PITFALLS: WEBINAR 20th OCTOBER 2020
The last few months have seen a large number of cases where expert evidence has proved highly problematic (usually for the party calling the expert in question). On the 20th October 2021 I am giving a webinar “Expert Evidence -…
FATAL ACCIDENTS: DAY LONG (ONLINE) COURSE ON LAW, PRACTICE AND PROCEDURE: 12TH NOVEMBER 2021
Alongside solicitor Hilary Wetherell I am presenting a day long course: Fatal Accidents: Law, Practice, Procedure and Compassion 2021. It is an online course on the 12th November 2021. Booking details are available here. THE COURSE This one day virtual course will take…
DRAFTING WITNESS STATEMENTS THAT COMPLY WITH THE RULES: WEBINAR 14th OCTOBER 2021
As part of a series of webinars on Civil Evidence I am presenting a webinar on witness statements on the 14th October 2021. Looking at rules and guidance relating to witness evidence and the importance of complying with them. Booking…
SERIES OF WEBINARS ON CIVIL EVIDENCE: COMING TO YOUR SCREENS SOON
Now that the nights are drawing in people’s thoughts will, almost invariably, be drawn towards matters of civil evidence and the need to prove things. To cater for this I am presenting six webinars , covering key aspects of civil…
WHEN A CLAIMANT’S SOLICITOR WAS “SURPRISED” ABOUT THE RULES RELATING TO SERVICE OF THE CLAIM FORM (THIS DIDN’T END WELL)
A number of people have kindly written to point out that issues relating to service of the claim form are in the news at the moment. The subject may have an interest beyond those of us involved in civil procedure. …
NEW RULES COMING INTO FORCE ON THE 1ST OCTOBER 1: VOLUNTARY INTERIM PAYMENTS TO CHILDREN AND PROTECTED PARTIES
There is a new batch of rules coming into force on the 1st October 2021, introduced by The Civil Procedure (Amendment No. 4) Rules 2021. Here we look at the rules relating to interim payments. WHAT THE CHANGES DO…
WHY NOT KNOWING THE RULES ABOUT SERVICE OF THE CLAIM FORM COULD COST YOU MORE THAN YOU WILL EVER EARN…
So far this year there have been over half a dozen cases relating to mis-service of the claim form reported on this blog. In many of the cases the claimant’s difficulties appear to be virtually self-inflicted. Several of the cases…
THAT CASE WHERE A CLAIMANT’S LAWYERS FAILED TO SERVE THE CLAIM FORM PROPERLY (THE SECOND TIME AGAINST THE SOLICITORS WHO WERE NEGLIGENT ON THE FIRST OCCASION)
If ever a case illustrated the dangers of not appreciating the rules as to service of the claim form. Dzekova -v- Thomas Eggar LLP [2015] EWHC 2600 (QB) which we have looked briefly before. It reveals a sorry tale of…
MASTER WAS RIGHT TO SET ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: ANOTHER CLAIMANT’S ACTION BITES THE DUST
The judgment of Mr Justice William Davis in Qatar Investment And Projects Holding Co & Anor v Phoenix Ancient Art S.A. [2021] EWHC 2243 (QB) adds to the many, many, cases on this blog that deal with the dangers relating…
SERVICE OF THE CLAIM FORM: KEY CASES AND ISSUES 2021: A WEBINAR OF INTEREST TO ALL LITIGATORS
There appears to be no end of cases where claimants (and occasionally defendants) come to grief over issues relating to service of the claim form. A knowledge of the principles, and the reasons people often get it wrong, is essential…
FATAL ACCIDENTS: DAY LONG (ONLINE) COURSE ON LAW, PRACTICE AND PROCEDURE: 12th NOVEMBER 2021
Alongside solicitor Hilary Wetherell I am presenting a day long course: Fatal Accidents: Law, Practice, Procedure and Compassion 2021. It is an online course on the 12th November 2021. Booking details are available here. THE COURSE This one day virtual…
WITNESS STATEMENTS AND GATHERING WITNESS EVIDENCE: THE LESSONS THAT LAWYERS MUST LEARN FROM HILLSBOROUGH: WEBINAR 19th JULY 2021
On the 19th July 2021 I am presenting a webinar that looks at the implications of the Hillsborough case from the point of view of collecting witness evidence. Booking details are available here . NB – the webinar will be broadcast…
DEALING WITH THE COUNTER-SCHEDULE AND COUNTER-ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 16th JULY 2021
This webinar looks at the legal principles and arguments that can be used to reduce claims for personal injury damages. It is being held on the 16th July 2021 (and available as an on-demand recording to the 16th January 2022). …
WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: 8th JULY 2021
On the 8th July 2021 I am presenting a webinar on Periodical Payments and Provisional Damages. Booking details are available here. THE WEBINAR This webinar looks at the law, practice and procedure relating to provisional damages and periodical payments…
WEBINAR ON PERSONAL INJURY DAMAGES: ACCOMMODATION AND APPLIANCE CLAIMS: 30th JUNE 2021
On the 30th June 2021 I am presenting a webinar on accommodation and appliance claims. Booking details are available here. THE WEBINAR Claims for accommodation and appliances are a major part of many serious claims. Here we look at the…
Commencing Assessment Proceedings, Default Certificates and Drafting Points of Dispute: Where does it all go wrong? Webinar 30th June 2021
Kings Chambers is presenting a webinar on the 30th June 2021 about avoiding problems in the assessment of costs process and the effective drafting of points of dispute. Booking details are available here. THE WEBINAR In Grekor Fisken Ltd -v-…
CARE CLAIMS IN PERSONAL INJURY: WEBINAR 25th JUNE 2021
On the 25th June 2021 I am presenting a webinar on Care Claims in personal injury actions. Booking details are available here. This webinar looks at claims for care, the law underpinning care and assistance claims, looking at practical…
LOSS OF EARNINGS CLAIM: WEBINAR 18th JUNE 2021
On the 18th June 2021 I am presenting a webinar on loss of earnings claims. The material includes a client questionnaire in relation to loss of earnings and income. Booking details are available here. TOPICS COVERED BY THE…
WITNESS STATEMENTS & HILLSBOROUGH (A REPEAT II): CONFIRMATION BIAS AT ITS WORST
The tragic events of Hillsborough are in the news again. I am here repeating a post first written in 2016. The post is on one small part of the process: the initial gathering of evidence. It was the flawed nature…
MULTIPLE INJURIES AND THE CIVIL LIABILITY ACT 2018: CROSS-SECTOR WORKING GROUP WORKING ON IT
An earlier post dealt with the issues relating to multiple injuries in personal injury cases where a claimant suffered multiple injuries and some of those injuries are subject to the statutory tariff scheme whilst others are not. This is clearly…
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