ENSURING EVERYTHING GOES RIGHT IN FATAL ACCIDENT CLAIMS: WEBINAR 22nd FEBRUARY 2023
On the 22nd February 2023 I am presenting a webinar on Fatal Accidents “Ensuring Everything Goes Right”. This looks at the problem areas that can arise in fatal claims and how to avoid them. Booking details are available here. THE…
PREPARING A SCHEDULE IN A FATAL CLAIM: WEBINAR 15th FEBRUARY 2023
On the 15th February 2023 I am presenting a webinar on preparing a schedule in a fatal accident claim. The webinar looks at the essential elements of a claim for damages in fatal accident litigation, considering all the information necessary…
UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
On the 8th February 2023 I am presenting a webinar “Understanding the Law Relating to Fatal Accidents”. Booking details are available here. THE WEBINAR This webinar takes you through the essential elements you have to consider before you can advise…
WEBINAR ON FATAL ACCIDENTS 1: SEEING THE CLIENT FOR THE FIRST TIME AND PREPARING FOR THE INQUEST: 1st FEBRUARY 2023
On the 1st February 2023 solicitor Hilary Wetherell is presenting the first in a series of webinars on fatal accidents. This webinar deals with the essential elements of the first meeting with the client and preparing for the inquest. Booking…
THE COSTS JUDGE OVER YOUR SHOULDER 2023 – MAXIMISING RECOVERY: WEBINAR 6th APRIL 2023
The recent judgment in Deutsche Bank AG v Sebastian Holdings Inc [2023] EWHC 9 (SCCO) illustrates the problems that receiving parties can cause for themselves. The claimant’s bill was reduced by 31% (£16.9 million) despite the assessment being on an indemnity…
CASES ON SERVICE OF THE CLAIM FORM IN 2022: WHAT LITIGATORS CAN, AND MUST LEARN FROM THEM: WEBINAR 14th OCTOBER 2022
2022 has seen some significant decisions in relation to service of the claim form, with many claimants coming to grief due to basic errors made when serving, or attempting to serve. This webinar “One Day Out” but still too late:…
COURT AWARDS CLAIMANT DAMAGES FOR HARASSMENT: FORTHCOMING WEBINAR ON THE LAW OF HARASSMENT AND THE PERSONAL INJURY LAWYER
In Thomas Hodson Hodson Developments Ltd v Person Unknown & Ors [2022] EWHC 1960 (QB) Mr Justice Jay awarded damages in a case where he found that the defendants had harassed the claimant. An award was made for general damages…
PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: THE IMPORTANCE OF RECENT DEVELOPMENTS: WEBINAR 9th SEPTEMBER 2022
This webinar looks at recent cases in relation to periodical payments and provisional damages and considers their practical implications for personal injury practitioners. Booking details are available here. WEBINAR CONTENTS Cases to be considered include: The decision in Mathieu v…
Witness statements in the client’s own words: Witness statements when the client’s first language is not English: Webinar today
I am giving a webinar on the 25th July 2022 at 12.00 on “Witness statements in the client’s own words: Witness statements when the client’s first language is not English.” Booking details can be found here. (The webinar will be…
WEBINARS ON KEEPING YOUR COOL: UNDERSETTLEMENT, PROCEDURAL PITFALLS AND LIMITATION PROBLEMS: AVOIDING MATTERS HEATING UP WHEN THE HEATWAVE IS OVER
In September I am presenting a number of webinars with the theme of “avoiding problems”. These are avoiding undersettlement: avoiding procedural pitfalls and avoiding problems with limitation. “AVOIDING UNDERSETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS” 19th September 2022 …
FATAL ACCIDENTS: AVOIDING THE PITFALLS: WEBINAR 28th JUNE 2022
This webinar is designed to look at those areas of fatal accident litigation where a lawyer can be negligent, or run into significant problems. Booking details are available here. TOPICS TO BE COVERED Important issues prior to death, the…
DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY: WEBINAR 21st JUNE 2022
This webinar looks at the difficult, but important, issue of how the courts award damages when a claimant has reduced life expectancy as a result of their injuries. Booking details available here. TOPICS TO BE COVERED What is the…
THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 15th JUNE 2022
This webinar looks at the problems and issues faced by a child who has suffered the loss of parents or carers. It looks at the position when children are the sole claimants, have a dependency claim as part of a…
THE COSTS JUDGE OVER YOUR SHOULDER: THINKING ABOUT DETAILED ASSESSMENT OF COSTS FROM THE OUTSET: WEBINAR 20th JULY 2022
The assessment of costs is a crucial stage in litigation. Detailed assessment usually takes place after attempts at settlement of costs have failed and there are some major differences between the parties. Relatively few litigators have experience of attending a…
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…
RELIEF FROM SANCTIONS APPLICATIONS: 10 MATTERS THAT WILL INCREASE THE PROSPECTS OF SUCCESS
Here I want to look at some practical matters which can help a party seeking relief from sanctions. This is guidance on the most prudent steps to take but it should be made clear that there are no easy options….
“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…
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…
FATAL ACCIDENT DAMAGES: A CLAIM FOR SERVICES CAN BE BASED ON THE COSTS OF COMMERCIAL REPLACEMENT – WITHOUT DISCOUNT
The Court of Appeal decision in Steve Hill Ltd v Witham [2021] EWCA Civ 1312 contains an important consideration of the basis upon which claims for loss of services are calculated in a fatal accident case. FATAL ACCIDENT -…
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. …
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