WHAT’S THE DIFFERENCE BETWEEN A COMMERCIAL SOLICITOR AND A PROFESSIONAL KICKBOXER? (THERE’S A WHOLE WEBINAR ABOUT THIS…)
What is the difference between a solicitor and a professional kickboxer? There are many answers to this – and I am certain that I am going to receive some interesting responses on social media. However, whatever the differences are, there…
PROVING THINGS 186: WHEN THE ONE WITNESS IN THE CASE HAD LITTLE KNOWLEDGE OF HOW THE FIGURES IN THE SCHEDULE HAD BEEN REACHED – THERE IS TROUBLE AHEAD…
In Crazy Bear Group Ltd v Patel & Anor [2020] EWHC 3023 (Ch) Insolvency and Companies Court Judge Jones (sitting as a Judge of the High Court) considered whether defendants in an action had proven that they had suffered damages…
CLAIMANT’S CASE STRUCK OUT BECAUSE IT SAID TWO CONTRADICTORY THINGS: “JANUS-FACED” PLEADINGS NOT ALLOWED
The judgment of Mr Justice Marcus Smith in Betesh Partnership -v- Evans [2020] EWHC 1589 (QB) contains interesting observations on the need for a claimant to plead a case that is not inconsistent. I am working and citing from the…
LOSS OF EARNINGS AND THE SELF-EMPLOYED: SOME KEY ISSUES: (ALSO A WEBINAR…)
There are now a record number of self-employed people working in the UK and the numbers are increasing. The self-employed amount to 5 million, that is 15.3% of the workforce, (up from 12% in 2000). Here I want to look…
HOW SHOULD DAMAGES FOR PAIN AND SUFFERING BE ASSESSED WHEN PROVISIONAL DAMAGES ARE BEING AWARDED? A HIGH COURT CASE
In Hamilton v NG Bailey Ltd [2020] EWHC 2910 (QB) Dan Squires QC (sitting as a Deputy High Court Judge) considered the issue of what discount should be made on an award for pain, suffering and loss of amenity, when…
SWIFT -v- CARPENTER: USEFUL LINKS AND GUIDANCE ON THE CASE AND HOW THE DECISION IS LIKELY TO WORK OUT IN PRACTICE
Following on from the previous posts about this case here is a set of useful links to commentary about the Carpenter decision. The Association of Personal Injury Lawyers is also presenting a webinar on this issue on the 22nd…
THE CARPENTER DECISION: THE BASIC PRINCIPLES: FAIR DAMAGES “NOT A PENNY MORE BUT NOT A PENNY LESS”
I have written before about how judges regularly go back to the basic principles of damages when faced with challenging issues in relation to personal injury damages. To a large extent this happened in the Court of Appeal decision in Swift…
CARPENTER DECISION IN THE COURT OF APPEAL: THE APPROACH TO ACCOMMODATION CLAIMS: THE AWARD OF NIL REVISED TO £801,913
A more detailed discussion of the Court of Appeal’s decision today in Swift -v- Carpenter [2020] EWCA Civ 1295 will follow. For the time being it is sufficient to note that the court overturned the trial judge’s decision to award…
THE OTHER AMENDMENT TO THE FATAL ACCIDENTS ACT 1976: COHABITEES MAY HAVE TO SHARE BEREAVEMENT AWARD WITH PARENTS: SPOUSES MAY HAVE SHARE PAYMENT WITH COHABITEES
There is another amendment made to the Fatal Accidents Act 1976 in relation to the people entitled to receive a bereavement award. This is quite technical, but could be important in a very limited class of cases. The amendment is…
CHANGES IN FATAL ACCIDENT ACT: STATUTORY BEREAVEMENT AWARD EXTENDED TO COHABITEES
The Fatal Accidents Act 1976 (Remedial) Order 2020 comes into force on the 6th October 2020. It extends the scope of people entitled to the statutory bereavement award, extending it to cohabitees. THE ORDER The Order inserts the term…
FAKE LAW AND “COMPENSATION CULTURE”: A REVIEW: “SPEND HALF-AN-HOUR WITH A PERSONAL INJURY LAWYER (SHOULD THAT MISFORTUNE BEFALL YOU)”
The Secret Barrister has written their second book “Fake Law”, looking at many of the misconceptions that surround the legal system. Here are selected extracts from the chapter on “Your Health”. It takes a critical look at the way in…
CHILDREN AND PERSONAL INJURY LITIGATION: WEBINAR 5th OCTOBER 2020
This webinar looks at practical issues relating to children and personal injury litigation, including liability, damages and procedure. Details of how to book are available here. This webinar looks at the practical implications of acting for children injured in…
PROVING DAMAGES IN A FATAL CASE: THE COURT SHOULD LOOK AT THE “PRACTICAL REALITY”: WIDOW DID HAVE A FINANCIAL DEPENDENCY WHERE HUSBAND HAD RUN A SUCCESSFUL BUSINESS
In Rix v Paramount Shopfitting Company Ltd [2020] EWHC 2398 (QB) Mr Justice Cavangh considered and applied an important principle in fatal accident damages. The fact that the deceased person was running a successful business, and it went on trading …
PROVING THINGS 182: FAILING TO PROVE A CONTRACT WAS SIGNED AND GETTING DAMAGES OF £1: NOT A GREAT RESULT FOR A CLAIMANT
The judgment of JJH Melissa Clarke, sitting as a High Court Judge, in DPA (London) Ltd v D’Aguanno & Ors [2020] EWHC 2374 (IPEC) is a classic example of failing to prove key matters in a claim. Firstly the claimant…
TWO WEBINARS ON LOSS OF EARNINGS: RECENT CASES: OGDEN 8: CHILDREN: THE SELF EMPLOYED: SPORTSPEOPLE AND ENTERTAINERS
I am presenting two webinars on the specific issue of loss of earnings in personal injury claims. The first, on the 9th September 2020, looks at recent cases, the impact of Ogden 8, claims for disability in the labour market…
A DIFFICULT HEAD OF DAMAGE THAT MAY MAKE THE JUDGE WANT TO RETIRE: BOOK REVIEW: PIBA GUIDE TO PENSION LOSS CALCULATION: JAMES ROWLEY Q.C. & MATTHEW WHITE
The loss, or reduction, of income due to a personal injury is one of the primary concerns to most victims. Loss of earnings is a matter that is often under-explored in many texts relating to damages. This is even more…
BANKRUPTCY AND THE PERSONAL INJURY LITIGANT: A REMINDER OF THE KEY POINTS
Bankruptcies were rising prior to the Coronavirus pandemic. There are concerns that COVID may have made matters worse. This can have a knock on effect on personal injury litigants bringing a claim. Here is a reminder of 10 steps that…
CLAIMS FOR LOSS OF EARNINGS: RECENT CASES AND THE EFFECT OF OGDEN 8: WEBINAR 9th SEPTEMBER 2020
On the 9th September 2020 I am presenting a webinar on loss of earnings. This webinar looks at recent cases in relation to loss of earnings, and what they can tell us about evidence and the judicial approach to these…
THE 8TH EDITION OF THE ‘OGDEN TABLES’ AND THEIR PRACTICAL IMPACT: WEBINAR 31st JULY 2020
I am presenting a webinar on the 31st July 2020 dealing with the new Actuarial Tables. THE CONTENT The government’s new ‘Actuarial Tables’ were published on 17th July 2020. The webinar takes us through the significant changes introduced…
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…