CLAIMANT’S APPLICATION FOR AN ANONYMITY ORDER REFUSED: THE APPLICATION WAS TOO LATE: IMPORTANT ISSUES CONSIDERED BY THE HIGH COURT
I am grateful to barrister Leslie Keegan for sending me a copy of the judgment of Mr Justice Nicklin in PMC -v- A Local Health Board [2024] EWHC 2969 (KB). It deals with important issues relating to the making of…
LIMITATION, DEFAULT AND SANCTIONS – THE KEY CASES OF 2024: WEBINAR 27th NOVEMBER 2024: HELPING YOU TO AVOID PROBLEMS IN 2O25 (AND BEYOND…)
This webinar looks at the key cases relating to limitation, default and sanctions that have occurred in 2024. The aim is to look at problem areas to help litigators avoid problems in the future. Booking details are available here. THE…
COST BITES 194: CLAIMANT WHO SUCCEEDED ON SOME, BUT NOT ALL, ISSUES AWARDED COSTS ON THE STANDARD BASIS
In FXS v The Mulberry Bush Organisation Ltd [2024] EWHC 2844 (KB) Margaret Obi, sitting as a High Court Judge, considered issues of costs where a claimant had not succeeded in establishing negligence at trial but was successful on other…
PROVING THINGS 249: CYCLIST FAILS TO PROVE THAT A DEFECTIVE KERBSTONE WAS THE CAUSE OF AN ACCIDENT: BETTER PHOTOGRAPHS WOULD HELP
In Robertson v Cornwall Council [2024] EWHC 2830 (KB) Mr Justice Linden dismissed an appeal in a case where the claimant had failed to establish liability at trial. The trial judge had found that the claimant had not established the…
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…
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). …
The Supreme Court decision in Oakwood -v- Menzies: Deducting costs from damages:The practical implications for solicitors and clients: Webinar 13th November 2024
In Oakwood Solicitors Ltd (Respondent) v Menzies (Appellant) [2024] UKSC 34 the Supreme Court overturned the Court of Appeal decision that the sending out an account and deducting costs from damages meant a bill had been “paid” for the purpose…
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…
ANOTHER CASE ABOUT THE LIMITS OF FUNDAMENTAL DISHONESTY: s.57 DOES NOT APPLY TO A CLAIM FOR FALSE IMPRISONMENT
In Andrew Reynolds v Chief Constable of Kent Police [2024] EWHC 2487 (KB) Mr Justice Sheldon found that a claim for false imprisonment was not a claim for damages for personal injury. A false imprisonment claim, therefore, was not subject to the…
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…
FATAL CLAIMS AND THE VICTIMS OF CRIME: WEBINAR 15th OCTOBER 2024
On the 15th October I am presenting a webinar looking at fatal claims when the deceased person has died because they are a victim of crime. This webinar looks at the Criminal Injuries Compensation Scheme in detail and then considers…
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…
SOLICITORS, SOCIAL MEDIA AND THE DUTY TO THE COURT: THREE CASES REVIEWED
The judgment in Williams-Henry v Associated British Ports & Anor (Re Wasted Costs Order) [2024] EWHC 2415 (KB) we looked at last week contained some important observations about the limit of a solicitor’s duty to check their own client’s social media…
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…
BACK TO THE CASE OF WILSON: THIS TIME THE “CHERRY PICKING” EXPERT WHO VEERED INTO A PARTISAN APPROACH
We are returning 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) and staying with the theme of expert witnesses whose evidence was found wanting. (This…
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…
DON’T DISCLOSE COUNSEL’S ADVICE TO THE OTHER SIDE: A REPEAT IN RELATION TO AN ISSUE THAT IS STILL HAPPENING
An issue I have seen periodically came up on LinkedIn yesterday. A defendant was complaining that there was a lack of co-operation by the claimant’s solicitor in failing to show them counsel’s Advice in relation to a claim brought by…
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…
PROVING THINGS 242: THE CLAIMANT WHO WAS GIVEN A SECOND CHANCE TO PROVE HIS DAMAGES CLAIM
We are looking again at the judgment of Mr Justice Julian Knowles in Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB). This was looked at earlier in relation to the trial judge’s observations about the wholly inadequate counter-schedule. However…
“IT IS ENTIRELY OUTSIDE THE REMIT OF AN EXPERT TO DECIDE WHICH WITNESSES OF FACT HE BELIEVES OR DISBELIEVES”: DEFENDANT’S WITNESS DOES NOT FARE WELL
We are returning to the judgment of Mr Justice Julian Knowles in Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB). More accurately to the first instance decision which the defendant attempted (unsuccessfully) to appeal. This time in relation to…
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…
PROVING THINGS 241: “WHICH WITNESS’S ACCOUNT IS PREFERRED?”: CONTEMPORARY EVIDENCE IS BEST
In Gadsby v Hayes [2024] EWHC 2142 (KB) Ms Clare Ambrose (sitting as a Deputy High Court Judge) considered the evidence of witnesses in a case where the accident had happened ten years previously. The accounts given near the time…
PROVING THINGS 240: PROVING THE “EELES” CRITERIA ON AN APPLICATION FOR AN INTERIM PAYMENT: GAPS IN THE EVIDENCE PREVENT A FINAL DETERMINATION BEING MADE
In XS1 (A Child) v West Hertfordshire Hospitals NHS Trust [2024] EWHC 1865 (KB) Master Stevens adjourned a claimant’s application for a substantial interim payment. The primary ground for this was that there was insufficient evidence before the court to…
THREE WEBINARS: MAKING APPLICATIONS TO THE COURT; INSOLVENCY AND SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER
In September and October there are a number of webinars relating to procedure and evidence. Firstly on the essential issue (but often overlooked) elements and rules relating to making applications to the court; secondly on insolvency and personal injury and…
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…
PROVING THINGS 239: THE IMPORTANCE OF BEING ABLE TO PROVE THE DATE THAT VIDEOS WERE TAKEN
We are looking at one particular factual issue that arose in Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB). The applicant Trust was unable to prove the date that various videos were taken. Consequently they were unable to…
OMNIBUS CLAIM FORMS: COURT MANAGEMENT OF CASES AND “DISAGGREGATION”
A problem with “omnibus” claim forms and subsequent case management was considered in detail in the judgment of Mr Justice Garnham and Master Davison in Adams & Ors v Ministry of Defence [2024] EWHC 1966 (KB). The judgment considered the…
PERSONAL INJURY: EXAGGERATED CLAIMS: CONTEMPT OF COURT: RUGBY, LIFTING WEIGHTS AND… SOCIAL MEDIA
In Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) Mr Justice Mould found the defendant in contempt of court for exaggerating the extent of his injuries when bringing a claim for damages for personal injury. An interesting aspect…
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…
FUNDAMENTAL DISHONESTY AND SUBSTANTIAL INJUSTICE: THE CLAIMANT “HAS ONLY HIMSELF TO BLAME” IN LOSING £1.2 MILLION IN DAMAGES
I am grateful to barrister Matthew Snarr for sending me a better copy of the judgments of HHJ Sephton KC (sitting as a High Court Judge) in Shaw -v- Wilde, a copy of that judgment is available here Shaw v Wilde Final…
YOU SIGNED IT – YOU OWN IT: CLAIMANT IN £1.2 MILLION CLAIM FOUND TO BE FUNDAMENTALLY DISHONEST AND RECOVERS NOTHING
I am grateful to barrister Matthew Snarr for sending me a copy of the judgments of HHJ Sephton KC (sitting as a High Court Judge) in Shaw -v- Wilde, copies of those judgments are available here shaw-v-wilde-judgment . I will…
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…
AN EXPERT WHO SHOULD LEARN THE RULES BEFORE REPORTING AGAIN: CLAIMANT COMES TO GRIEF
We are taking a short break from the detailed examination of issues relating to service of the claim form to look at another common issue on this blog – an expert that failed to comply with the rules. I am…
COST BITES 157: AGREEMENT AS TO COSTS BETWEEN CLIENT AND SOLICITOR WAS CONTRACTUALLY BINDING: APPLICATION FOR SOLICITORS ACT ASSESSMENT STRUCK OUT
NB THIS DECISION WAS OVERTURNED IN AN APPEAL BY CONSENT. SEE THE POST ON THE 8th JULY 2025 I am grateful to my colleague Kevin Latham for drawing my attention to the decision of Mr Justice Eyre in Holcroft v…
IS ANYTHING IMPORTANT HAPPENING ON THE 4TH JULY? WEBINAR ON CONTRIBUTORY NEGLIGENCE – RECENT CASES
There is a danger that this webinar may be overshadowed by other events on the day. This webinar considers the law and practice in relation to contributory negligence. Booking details are available here. THE WEBINAR The webinar considers the…
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…
STATEMENTS OF CASE AND AMENDMENTS: A ROLLERCOASTER OF A CASE: ISSUE OF AMENDMENT REMITTED TO COUNTY COURT
It is too easy, in fact far too easy, to describe the case of Idziak v Merlin Entertainments PLC [2024] EWHC 1351 (KB) as a “rollercoaster”. It involves the claimant being injured on a fairground ride. The claimant succeeded at…
UNCONTROVERTED EXPERT EVIDENCE: THE TRIAL JUDGE WAS NOT ENTITLED TO OVERRIDE THE UNQUESTIONED REPORT: GRIFFITHS -v- TUI LEADS TO CLAIMANTS BEING SUCCESSFUL ON APPEAL
I am grateful to Jatinder Paul from Irwin Mitchell for sending me a copy of the decision of HHJ Humphreys in the Wrexham County Court. The report involves a personal injury case alleging negligence which led to food poisoning which…
COST BITES 156: COSTS BUDGETING WAS APPROPRIATE IN THE CASE OF A SERIOUSLY INJURED CHILD: IT HELPS THE CLAIMANT AS MUCH AS THE DEFENDANT
I am grateful to PJ Kirby KC for sending me a copy of the judgment of Master Brown in the case of PXT -v- Atere-Roberts [2024] EWHC 1372 (KB), a copy of which is available here Judgment PXT final 6…
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…
MAKING ALLEGATIONS OF DISHONESTY DOES NOT AUTOMATICALLY LEAD TO AN ORDER FOR INDEMNITY COSTS: BUT IT MIGHT DO: COURT OF APPEAL DECISION
I am grateful to both Kevin Latham and Andrew Buchan for pointing out the judgment of the Court of Appeal in Thakkar & Ors v Mican & Anor [2024] EWCA Civ 552. The court held that a judge had acted…
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