CLAIMANT’S CLAIM AGAINST INSURER FAILS: THE INSURED’S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
Today we are looking at a case where the court considered the impact of The Third Party (Rights against Insurers) Act 2010 in detail. The court decided that the insurer was not liable to indemnify a claimant who had been…
COST BITES 229: THE CORRECT WAY OF CALCULATING A SUCCESS FEE IN A PERSONAL INJURY CASE: THE SOLICITOR DOES NOT HAVE AN AUTOMATIC ENTITLEMENT TO 25% OF THE DAMAGES
The calculation of a “success fee” in a personal injury action is a subject that has been the subject of several cases over the years. The issues were considered by District Judge Lumb in SJ (a minor suing by his mother…
DRAFTING SCHEDULES OF DAMAGES: EFFECTIVE DRAFTING AND AVOIDING THE PITFALLS: WEBINAR 29th APRIL 2025
Over the past few months we have looked at cases where claimants have claimed damages for working 24.4 hours a day, where the contents of a a schedule were found to amount to fundamental dishonesty and where a schedule was…
RECENT CASES ON LOSS OF EARNINGS: WHAT CAN WE LEARN FROM THEM? WEBINAR 23rd APRIL 2025
Practitioners can learn a lot from looking at judgments on claims for loss of earnings. These provide a practical grounding of how the courts approach such claims and, in particular, how judges consider the evidence (or absence of evidence) in…
PROVING THINGS 259: WHEN THE COURT REFUSES PERMISSION FOR THE EXPERTS TO GIVE EVIDENCE AT TRIAL: THESE ARE BASICALLY ISSUES OF FACT
In Rajan Marwaha v Director of Border Revenue & Anor [2025] EWHC 869 (KB) Jason Beer KC dismissed the claimant’s application that forensic accountants give evidence at trial. The experts had basically agreed that there were issues of fact to…
SPORTING INJURIES IN THE COURTS: WEBINAR 17TH APRIL 2025: SOME INTERESTING TOPICS TO TACKLE…
Injuries to those involved in sports are not unusual. The issues relating to whether injuries are the result of negligence are complex ones. This webinar looks at the law relating to sporting injuries and, importantly, at the practical issues that…
ACCOMMODATION AND APPLIANCE CLAIMS: THE CASES SINCE SWIFT -v- CARPENTER: WEBINAR 15th APRIL 2025
Issues relating to accommodation costs and aids and appliances feature in many moderate to serious personal injury cases. There are relatively few cases where the principles governing damages are considered. This webinar looks at the principles and the practical steps…
DAMAGES FOR PAIN, SUFFERING AND LOSS OF AMENITY: RECENT CASES AND LESSONS TO LEARN FROM THEM: WEBINAR 8th APRIL 2025
Awards for pain and suffering are made in every personal injury case. However the law and principles relating to these awards are rarely considered by practitioners. This webinar takes a close look at recent awards to enable practitioners to know,…
SERIES OF 10 WEBINARS ON PERSONAL INJURY DAMAGES: AND YOU CAN BUY A “SEASON TICKET”
The APIL Damages Series is 10 webinars looking at key elements of law and practice relating to personal injury damages. The webinars can be bought and watched individually. APIL has a special offer for all 10, details available here. …
DISHONEST EXAGGERATION WAS NOT SUFFICIENTLY SIGNIFICANT TO AMOUNT TO FUNDAMENTAL DISHONESTY: THIS WAS DISHONEST EMBELLISHMENT TO UNDERPIN AN ESSENTIALLY HONEST CLAIM
In Boyd v Hughes [2025] EWHC 435 (KB) Mr Justice Cotter decided, by the very narrowest of margins, that the claimant’s deliberate exaggeration of her claim did not amount to fundamental dishonesty. There was some exaggeration of the effect…
PROVING THINGS 255: CLAIMANT FAILS TO PROVE IT HAS SUFFERED ANY LOSS AT ALL: THERE WAS NO GRIST TO THIS MILL
In Trident House Development Limited v Mohammed Yousaf [2025] EWHC 344 (Ch) HHJ Klein (sitting as a High Court Judge) found that a claimant had failed to establish it had suffered any loss at all in its claim for damages against the…
OGDEN TABLES UPDATED TO INCLUDE + 0.5% RATE
An updated set of Additional Tables have been added to The Ogden Tables today to include the 0.5% rate that came into force in January. THE UPDATES The updates can be found on this link. … Enjoying this post? Become a…
A CLAIM FOR WORKING 24.4 HOURS A DAY – EVERY DAY OF THE YEAR: WHEN DRAFTING SCHEDULES OF DAMAGES ARE LEFT TO THE CLAIMANTS: PROFOUND PROBLEMS FOLLOW
We are returning to the judgment in Samrai & Ors v Kalia [2024] EWHC 3143 (KB). It is interesting to isolate out the parts of the judgment relating to the drafting of the schedules. The claimants’ schedules were found to…
68 YEARS AND STILL ROLLING OFF THE PRESS: THE 15TH EDITION OF MUNKMAN (& EXALL) ON DAMAGES:A LOOK AT THE PAST EDITIONS AND WHAT WE CAN LEARN
The latest edition of what, used to be called, Munkman on Damages is now hot off the press. This is the 15th edition, the first being written in 1956. Now called Munkman and Exall on Damages for Personal Injury and…
ANOTHER (WELL HIDDEN) CHANGE IN THE SPECIAL ACCOUNT RATE: REDUCED TO 4.75%
I am grateful to Barrister Matthew White for pointing out that the Courts Funds Office has reduced the special account rate from 5% to 4.75% from 6/12/24. MATHEW’S SPECIAL DAMAGES INTEREST CALCULATOR Mathew’s special damages interest calculator reflects the change….
PROVING THINGS 253: PROVING FUTURE LOSS OF EARNINGS WHEN SOMEONE HAS NOT YET ENTERED THE LABOUR MARKET
In Amadu-Abdullah v The Commissioner of Police of the Metropolis [2024] EWHC 3162 (KB) Mr Justice Ritchie considered the correct way of assessing damages for future loss of earnings when the claimant has not yet entered the labour market. He…
CLAIMANT WAS ENTITLED TO COST OF CAR HIRE DESPITE HIS CAR NOT HAVING A VALID MOT CERTIFICATE: COURT OF APPEAL DECISION TODAY
In the judgment today in Ali v HSF Logistics Polska SP ZOO [2024] EWCA Civ 1479 (04 December 2024) the Court of Appeal overturned a finding that the absence of a MOT Certificate meant that a claimant could not make…
CHANGE IN THE DISCOUNT RATE FROM THE 11th JANUARY 2025: THE STATUTORY INSTRUMENT IS OUT…
The Damages (Personal Injury) (England and Wales) Order 2024 changes the discount rate from the 11th January 2025 so that the prescribed rate of return is 0.5%. This may lead to some schedules (and counter-schedules) needing to be re-visited and…
DEFENDANT FAILS TO ESTABLISH A WHOLE HOST OF ALLEGATIONS OF FUNDAMENTAL DISHONESTY:
In Cullen v Henniker-Major [2024] EWHC 2809 (KB) HHJ Ambrose (sitting as a Judge of the High Court) rejected the numerous allegations of fundamental dishonesty made by the defendant against the claimant. The case may be an object lesson in…
LOSS OF EARNINGS CLAIMS: THE FUNDAMENTALS: WEBINAR 11th NOVEMBER 2024
We have seen some interesting cases on loss of earnings claims this year, with a claimant being found fundamentally dishonest, because of the way the claim for loss earnings was presented, an “unreliable” schedule leading to a claim for loss…
PROVING THINGS 248: CLAIMANT FAILS TO ESTABLISH ANY CASE AS TO CAUSATION IN A NEGLIGENCE CASE AGAINST SOLICITORS
In Blower v GH Canfields LLP [2024] EWHC 2763 (Ch) HHJ Matthews (sitting as a High Court Judge) rejected a claimant’s case on negligence against a firm of solicitors who had reached a settlement of an action against her and…
WHEN THE CLAIMANT HAS TO CHANGE JOBS, EARNS MORE THAN BEFORE – BUT THERE IS A SUBSTANTIAL AWARD FOR LOSS OF EARNINGS: THE VERY REAL VALUE OF “FRINGE BENEFITS”
A webinar on the 5th November looks at loss of earnings from the point of view of loss of benefits and pension claims. It is important that the very real value of “fringe” benefits is not overlooked when looking at…
PERSONAL INJURY DAMAGES: COURT OF PROTECTION RELEASES CLAIMANT FROM “PETERS” UNDERTAKING
I am grateful to my colleagues Sam Karim KC and Fay Collinson for pointing out the decision of BJB, In the Matter Of [2024] EWCOP 59 (T2). In that case HHJ Hilder granted the claimant’s application that she be released…
PROVING THINGS 247: APPLYING A DIFFERENT MULTIPLIER TO THE RESIDUAL EARNING CAPACITY OF A DISABLED CLAIMANT
It is worthwhile highlighting one aspect of the judgment of Neil Moody KC (sitting as a High Court judge) in Winterbotham v Shahrak [2024] EWHC 2633 (KB), looked at in the previous post. The judge applied different multipliers to the claim. A…
PROVING THINGS 246: THE SELF EMPLOYED CLAIMANT AND LOSS OF EARNINGS: HIGH COURT DECISION
There are many difficult issues facing a self-employed claimant making a claim for loss of earnings. This issue was considered by Neil Moody KC (sitting as a High Court judge) in Winterbotham v Shahrak [2024] EWHC 2633 (KB). …
INTEREST RATE REDUCTION ON THE COURTS FUND OFFICE SPECIAL AND BASIC ACCOUNTS: IMPORTANT NEWS FOR PERSONAL INJURY AND CLINICAL NEGLIGENCE PRACTITIONERS
The Courts Funds Office has reduced the rates of interest payable from the 19th September 2024. In the announcement that can be found here the rates on the special account and basic account are decreased. Special Account – decreased…
A FINDING OF FUNDAMENTAL DISHONESTY DOES NOT AFFECT A CLAIMANT’S RIGHT TO RECOVER PROPERTY DAMAGES
In Senay & Anor v Mulsanne Insurance Company Ltd [2024] EWCC 12 HHJ Charman found that a finding of fundamental dishonesty in a personal injury action did not affect the claimant’s rights to recover damages for the property claim to…
KEEPING WORKERS SAFE: THE EMPLOYER’S DUTY TO PREVENT ASSAULTS AT WORK: THE PRACTICAL ISSUES FOR THOSE BRINGING CLAIMS: WEBINAR 24th OCTOBER 2024
The Health and Safety Executive website reports that there were were 649,000 incidents of violence at work in 2022/23 and that 292,000 adults experienced violence at work in the same period. 41% of the assaults resulted in actual injury. The…
CONSIDERING THE IMPACT OF INFLATION WHEN LOOKING AT THE JUDICIAL COLLEGE GUIDELINES: A CASE TO POINT
It has been established for some time that the figures in the Judicial College Guidelines for the Assessment of Personal Injury Damages are themselves subject to indexation for inflation. The most recent Guidelines (the 17th) are based on the RPI…
THE DIFFICULT ISSUE OF THE CHILD CLAIMANT AND LOSS OF EARNINGS CLAIMS: WEBINAR 14th OCTOBER 2024
For many years now I have been researching and writing about the particular problems that face practitioners when they are dealing with a claim by a child who could suffer loss of earnings in the future as a result of…
AN IDEAL CHRISTMAS PRESENT FOR THE LITIGATORS IN YOUR LIFE: MUNKMAN & EXALL ON DAMAGES: 15th EDITION
The latest edition of Munkman and Exall on damages in being published in November this year, obviously it has been cleverly timed to catch the important Christmas market. Details of how to buy the multiple copies you will undoubtedly need…
FUNDAMENTAL DISHONESTY FOUND WHEN CLAIMANT HAD FILED SCHEDULE WHICH WAS MISLEADING ABOUT LOSS OF EARNINGS CLAIM: THE CLAIMANT COULDN’T HAVE EARNED AND SHOULDN’T HAVE CLAIMED
I am grateful to the barrister Nadia Whittaker for sending me a copy of the judgment handed down today of HHJ Richard Carter in Brown -v- Liverpool University Hospitals NHS Foundation Trust & Mersey and West Lancashire Hospitals NHS Trust….
AN EXPERT SHOULD NOT HAVE ALLOWED HIS INITIAL ASSESSMENT TO BE “CORRUPTED” BY INADMISSIBLE EVIDENCE: “THERE SHOULD BE SOME INTROSPECTION ON THE PART OF THE GOVERNMENT LEGAL DEPARTMENT ABOUT THIS”
We are returning once again to the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB).We are also returning to the question of expert evidence. There…
WHEN AN EXPERT HAS “LOST ALL INDEPENDENCE AND OBJECTIVITY” – AND ADMITS SO IN COURT
There are many interesting aspects of the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB). Here I want to concentrate upon the judgment relating to…
AN “UNRELIABLE” SCHEDULE LEADS TO A CLAIM FOR LOSS OF EARNINGS BEING STRUCK OUT (AND FOUR WEBINARS ON LOSS OF EARNINGS)
The way in which a claim for loss of earnings claim is presented is of crucial importance in most claims for damages. There are a series of four seminars below where many of the essential elements are considered. A case…
WHEN SOCIAL MEDIA AND ONLINE POSTS UNDERMINE THE CLAIMANT’S CASE: FACEBOOK POSTS ON PLAYING RUGBY ARE FOUND TO BE BINDING
Many cases emphasise the importance of social media in litigation. It has become an essential tool in the armoury of many litigators. An example can be seen in the judge of Mr Justice Mould in Wye Valley NHS Trust v…
“IN CONTRACT YOU BARGAIN FOR A RESULT”: JUDGE UPHOLDS COMPANY’S CLAIM FOR 20% OF COMPENSATION RECEIVED
I am grateful to Martin Hirst for sending me a copy of the judgment of HHJ Holmes in NC Investigating Services Ltd -v- Crossley (1st March 2024), a copy of which is available here OT APPROVED, MHIRST, H1QZ65P0, NCINVESTIGATION, CROSSLEY,…
A COUNTER-SCHEDULE THAT TOTALLY TOTALLY FAILED TO DO ITS JOB: COURT REFUSES PERMISSION FOR DEFENDANT TO RELY ON COUNTER-SCHEDULE THAT “SERVES NO PURPOSE WHATSOEVER”
This blog has looked extensively at judicial criticism of schedules of damages over the years. It has to be remembered that counter-schedules also have to be properly drafted. This is emphasised. in the judgment of Mr Justice Julian Knowles in…
DAMAGES IN ANTICIPATION OF DEATH AND DAMAGES FOR LOSSES PRIOR TO DEATH: WEBINAR 12th AUGUST 2024
This webinar looks at the difficult areas of (i) losses in anticipation of death, when a claimant has a reduced life expectancy; (ii) losses prior to death, including financial losses and pain and suffering. It provides practical guidance on order…
RECENT CASES IN FATAL ACCIDENT LITIGATION – WHAT CAN WE LEARN FROM THEM? WEBINAR 30th JULY 2024
This webinar looks at recent cases in relation to liability, quantum and damages involving fatal accident victims. It enables us to spend enough time looking at each case in detail, in particular the evidence that was adduced and the conclusions…
FOUR WEBINARS ON FATAL ACCIDENT LITIGATION: CORONERS; RECENT CASES; CHILDREN AND FATAL CLAIMS & DAMAGES IN ANTICIPATION OF DEATH
There are four webinars over the next four weeks dealing with key elements of fatal accident litigation. An introduction to the coroner’s court for personal injury and clinical negligence lawyers 23rd July 2024 This webinar is an introduction to the…
POSTMASTERS’ RIGHT TO RECOVER DAMAGES UNDER THE GLO COMPENSATION SCHEME DID NOT VEST IN TRUSTEES IN BANKRUPTCY
Normally when this blog looks at issues relating to insolvency it relates to procedural or other practical problems arising when a party is made insolvent. The judgment of HHJ Cawson KC in Secretary of State for Business and Trade v…
CLAIMANT FOUND TO BE FUNDAMENTALLY DISHONEST: EXAGGERATING SYMPTOMS IS PLAINLY DISHONEST
We are returning to the judgment of HHJ Karen Walden-Smith in Hamed -v- Ministry of Justice (County Court in Cambridge – 7th June 2024). The judge found that the claimant had been fundamentally dishonest in the presentation of their symptoms. This…
SUING THE “MAN OF STRAW” IN A PERSONAL INJURY CASE: A REMINDER TO LOOK AT YOUR OWN CLIENT’S HOME INSURANCE
Next week marks the 11th anniversary of this blog. I am reviewing key posts from the past. This was the second ever post on the 25th June 2013. The issues remain relevant. I have issued periodical reminders about this issue…
TALES FROM THE LEGAL ACTION GROUP HOUSING LAW CONFERENCE (II): PERSONAL INJURY CLAIMS AND THE HOUSING LAWYER’S DILEMMA
At the Housing Law Conference last Friday I had the pleasure of meeting, and lecturing with, one of the doyenne’s of housing law, Giles Peaker, author of the “Nearly Legal” blog on housing law. Naturally I was pleased to leave…
FATAL ACCIDENT ACT DAMAGES: THE DANGERS WHEN A JUDGE DOES NOT FOLLOW THE ESTABLISHED APPROACH: CLAIMANT’S APPEAL AGAINST “OFF PISTE” METHODOLOGY ALLOWED
In Price v Marston’s PLC [2024] EWHC 1352 (KB) Mr Justice Griffiths overturned a trial judge’s assessment of fatal accident damages because there was a failure to follow long established principles of calculation of loss. The case is an important…
FUNDAMENTAL DISHONESTY COST CLAIMANT £325,000 IN DEFENCE COSTS EVEN AFTER THE CLAIM HAD BEEN DISCONTINUED
I am grateful to Louise Jackson from Clyde & Co for drawing my attention to her piece about a recent settlement in a case where fundamental dishonesty was alleged. This is not a case that got to trial. However it…
AVOIDING UNDERSETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS: WEBINAR 4th JUNE 2024
This webinar looks at those cases where allegations of under settlement have been made against claimant solicitors, looking at the factors that lead to a court finding whether there was negligence when a case was settled or litigated. Booking details…
PROVING THINGS 238: TAX AND FILMS: A DANGEROUS MIX – BUT THE CLAIMANTS FAILED TO PROVE THEY HAD LOST ANYTHING
In Upham & Ors v HSBC UK Bank PLC [2024] EWHC 849 (Comm) Mr Justice Bright considered the losses said to be suffered by a number of claimants who had invested in a tax deferment scheme. Most of the claimants…
THE KEY CASES IN FATAL ACCIDENT DAMAGES: WEBINAR 19TH APRIL 2024
The means of assessment of fatal accident damages is not set out in the Fatal Accident Act, but is set out in case law. A knowledge of the case law is essential to all those involved in fatal accident litigation. …
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