Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Damages
DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021

DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021

February 23, 2021 · by gexall · in Avoiding negligence claims, Damages, Webinar

This webinar on the 4th March 2021 is part of the Avoiding Pitfalls series. It looks at rules and practice relating to drafting and proving damages in personal injury cases.  The webinar considers schedules of damages and proving damages with…

DAMAGES AND LOSS OF EARNINGS DUE TO COVID: A MINOR REDUCTION IN INCOME FOUND

DAMAGES AND LOSS OF EARNINGS DUE TO COVID: A MINOR REDUCTION IN INCOME FOUND

February 10, 2021 · by gexall · in Coronavirus, Damages

One of the things considered in the judgment in Kim v Lee [2021] EWHC 231 (QB) was whether the claimant would have suffered a reduction in income due to Covid in any event. This is likely to be a live…

AN INTERESTING CASE IN THE COURT OF APPEAL: NO INTEREST AWARDED ON DAMAGES FOR MALICIOUS PROSECUTION AND FALSE IMPRISONMENT

AN INTERESTING CASE IN THE COURT OF APPEAL: NO INTEREST AWARDED ON DAMAGES FOR MALICIOUS PROSECUTION AND FALSE IMPRISONMENT

January 21, 2021 · by gexall · in Appeals, Damages, Interest

In Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49 the Court of Appeal upheld a decision not to award interest on damages for damages for malicious prosecution and misfeasance in public office. THE CASE The claimant…

PROVING THINGS 200: ALL THE SERIES IN ONE PLACE: THE (VERY) EXPENSIVE COSTS OF FAILING TO THINK FULLY ABOUT EVIDENCE

PROVING THINGS 200: ALL THE SERIES IN ONE PLACE: THE (VERY) EXPENSIVE COSTS OF FAILING TO THINK FULLY ABOUT EVIDENCE

January 14, 2021 · by gexall · in Civil evidence, Civil Procedure, Damages, Witness statements

There are now 200 posts in the “Proving Things” Series.  These centre, usually, on a failure to establish matters at trial. Sometimes the failures are dramatic. In Marathon Asset Management LLP -v- Seddon [2017] EWHC 300 (Comm) i the claimants had…

PROVING THINGS 199: "THE BITTER TRUTH": INNOCENT PARTIES MAY SUFFER NO LOSSES - AND RECEIVE NO DAMAGES

PROVING THINGS 199: “THE BITTER TRUTH”: INNOCENT PARTIES MAY SUFFER NO LOSSES – AND RECEIVE NO DAMAGES

January 13, 2021 · by gexall · in Civil evidence, Damages

The judgment of Mr Stephen  Houseman QC sitting as a Deputy High Court judge in YJB Port Ltd v M&A Pharmachem Ltd & Anor [2021] EWHC 42 (Ch) is another example of a party failing to prove it had suffered…

PROVING THINGS 197: PROVING LOSS OF EARNINGS IN A PANDEMIC: ACTUAL EARNINGS EXCEEDED POTENTIAL EARNINGS

January 12, 2021 · by gexall · in Civil evidence, Damages

Sicri v Associated Newspapers Ltd (Rev 1) [2020] EWHC 3541 (QB) is an unusual case in many ways.  There are issues that are sensitive and require careful consideration.  However there are also observations about claiming loss of earnings and proving…

PROVING THINGS 193: THE POSSIBILITY OF THE DECEASED PERSON HAVING INCREASED EARNINGS AND “LOSS OF CHANCE” CONSIDERED IN A FATAL CASE

December 16, 2020 · by gexall · in Civil evidence, Damages, Fatal Accidents

In many ways the judgment  Young v Downey [2020] EWHC 3457 (QB) is an extraordinary case, involving a terrorist killing taking place in 1982. On the other hand it shows a principle of general application in the assessment of fatal…

PROVING THINGS 191: PROVING LOSS OF EARNINGS (II): A CLIENT QUESTIONNAIRE

PROVING THINGS 191: PROVING LOSS OF EARNINGS (II): A CLIENT QUESTIONNAIRE

December 10, 2020 · by gexall · in Civil evidence, Damages, Personal Injury

Here we return to the basic issue of proving loss of income.  This often applies in personal injury action, but is an issue that can arise in several other types of litigation.  We have a questionnaire on the single issue…

PROVING THINGS 190: PROVING LOSS OF EARNINGS (1) : THE IMPORTANCE OF THE WITNESS STATEMENT: THE QUESTIONS YOU SHOULD ASK

PROVING THINGS 190: PROVING LOSS OF EARNINGS (1) : THE IMPORTANCE OF THE WITNESS STATEMENT: THE QUESTIONS YOU SHOULD ASK

December 9, 2020 · by gexall · in Civil Procedure, Damages, Personal Injury, Useful links, Witness statements

The basic task of proving damages, particularly elements such as loss of earnings and disability in the labour market, are often overlooked in witness statements prepared for trial, both in personal injury actions and other actions were loss of income…

DEFENDANT'S LIABLE TO PAY INJURED SOLDIER FOR LOSS OF EARNINGS AFTER HE HAS TO HANG UP HIS BOOTS

DEFENDANT’S LIABLE TO PAY INJURED SOLDIER FOR LOSS OF EARNINGS AFTER HE HAS TO HANG UP HIS BOOTS

December 3, 2020 · by gexall · in Damages, Personal Injury

There is much that is interesting to read in the judgment of David Lock QC (sitting as a High Court Judge) in Constance v Ministry of Defence & Anor [2020] EWHC 3029 (QB). One interesting point is the defendant’s interesting,…

WHAT'S THE DIFFERENCE BETWEEN A COMMERCIAL SOLICITOR AND A PROFESSIONAL KICKBOXER? (THERE'S A WHOLE WEBINAR ABOUT THIS...)

WHAT’S THE DIFFERENCE BETWEEN A COMMERCIAL SOLICITOR AND A PROFESSIONAL KICKBOXER? (THERE’S A WHOLE WEBINAR ABOUT THIS…)

November 23, 2020 · by gexall · in Damages, Personal Injury

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...

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…

November 20, 2020 · by gexall · in Civil evidence, Damages, Witness statements

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

CLAIMANT’S CASE STRUCK OUT BECAUSE IT SAID TWO CONTRADICTORY THINGS: “JANUS-FACED” PLEADINGS NOT ALLOWED

November 16, 2020 · by gexall · in Appeals, Applications, Damages, Statements of Case

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...)

LOSS OF EARNINGS AND THE SELF-EMPLOYED: SOME KEY ISSUES: (ALSO A WEBINAR…)

November 9, 2020 · by gexall · in Damages, Personal Injury, 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

HOW SHOULD DAMAGES FOR PAIN AND SUFFERING BE ASSESSED WHEN PROVISIONAL DAMAGES ARE BEING AWARDED? A HIGH COURT CASE

November 1, 2020 · by gexall · in Damages, Personal Injury

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

SWIFT -v- CARPENTER: USEFUL LINKS AND GUIDANCE ON THE CASE AND HOW THE DECISION IS LIKELY TO WORK OUT IN PRACTICE

October 12, 2020 · by gexall · in Damages, Personal Injury, Useful links

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"

THE CARPENTER DECISION: THE BASIC PRINCIPLES: FAIR DAMAGES “NOT A PENNY MORE BUT NOT A PENNY LESS”

October 12, 2020 · by gexall · in Appeals, Damages, Personal Injury

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

CARPENTER DECISION IN THE COURT OF APPEAL: THE APPROACH TO ACCOMMODATION CLAIMS: THE AWARD OF NIL REVISED TO £801,913

October 9, 2020 · by gexall · in Damages, Personal Injury

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

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

September 18, 2020 · by gexall · in Damages, Fatal Accidents, Webinar

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

CHANGES IN FATAL ACCIDENT ACT: STATUTORY BEREAVEMENT AWARD EXTENDED TO COHABITEES

September 17, 2020 · by gexall · in Damages, Fatal Accidents, Webinar

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…

1 2 … 10 Next →

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2021. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 22,954 other subscribers

Recent Posts

  • CIVIL PROCEDURE BACK TO BASICS 91: MAKE SURE YOUR CLIENT IS STILL ALIVE WHEN YOU ISSUE – AT CERTAINLY AT THE TIME OF TRIAL: A SITUATION THAT IS UTTERLY BIZARRE
  • I WILL WALK 150 MILES: MARCHING AGAINST CANCER IN MARCH…
  • DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021
  • PROVING THINGS 204: WHY FIRST-HAND EVIDENCE IS IMPORTANT: “THE FIRST HAND EVIDENCE… IS TO BE PREFERRED OVER THOSE WHO GAVE EVIDENCE FOR THE BANK”
  • CIVIL PROCEDURE BACK TO BASICS 90: APPEALS, RESPONDENT’S NOTICES AND DENTON

Top Posts & Pages

  • PROVING THINGS 204: WHY FIRST-HAND EVIDENCE IS IMPORTANT: "THE FIRST HAND EVIDENCE... IS TO BE PREFERRED OVER THOSE WHO GAVE EVIDENCE FOR THE BANK"
  • CIVIL PROCEDURE BACK TO BASICS 90: APPEALS, RESPONDENT'S NOTICES AND DENTON
  • ADJOURNMENT OF TRIAL ON THE GROUNDS OF ILL-HEALTH: COURT OF APPEAL OVERTURNS DECISION THAT HEARING SHOULD GO AHEAD: A TRIAL SHOULD BE "FAIR IN ALL THE CIRCUMSTANCES"
  • DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021
  • I WILL WALK 150 MILES: MARCHING AGAINST CANCER IN MARCH...

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Hardwicke
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2021 Civil Litigation Brief

Powered by WordPress and Origin