Seeking fundamental dishonesty on appeal: a claimant whose evidence was "perforated with inconsistency" and "exaggerated" should have been found fundamentally dishonest 19 January 2020 Dominique-Smith case report, costs, courts, evidence, insurance, judges, medical records, personal injury, quantum, recollection, road traffic accidents, whiplash (0) Following the decisions of Molodi v Cambridge [2018] and Richards & Anor v Morris [201 [More]
The demise of Thomas Cook: where do travel claims stand? 24 September 2019 Dominique-Smith courts, Damages, personal injury (0) We all woke up to the news that Thomas Cook had collapsed, entering into compulsory liquidation. Not [More]
Penelope Smith v The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust 17 September 2019 Angus-Piper case report, employers liability, Experts, healthcare, judges, medical records, NHS, personal injury, public hearing, workplace claims (0) HHJ Berkley gave judgment for the Defendant this week in Winchester County Court in the claim of Pen [More]
Direction actions against insurers in subrogated claims – the limits of the Recast Brussels Regulation 27 August 2019 Jack-Harding (0) Jack Harding, barrister at 1 Chancery Lane, and Paul McClorry, Head of Travel Law at Hudgells solici [More]
Proportionate Costs – important new guidance from the Court of Appeal 24 July 2019 Roderick-Abbott (0) The notes at [44.3.3] of the 2019 Consolidated Edition of Civil Procedure (the White Book) (p.1390) [More]
“Please, sir, I want some more” –The court’s power to revise costs budgets upwards 15 July 2019 Conor-Kennedy case report, costs, cpr (0) In Seekings v Moores [2019] EWHC 1476 (Comm) (May 2019), the Defendant sought to revise his costs bu [More]
Costs Set Off in QOCS cases 04 July 2019 Roderick-Abbott costs, cpr, General, procedure (0) Consider the following, not unusual, scenario. In a case subject to QOCS, a defendant makes an early [More]
Sabotaging your own claim: how Facebook can lead to committal proceedings 20 May 2019 Dominique-Smith case report, committal, contempt of court, courts, cpr, employers liability, evidence, judges, litigant in person, medical records, personal injury, procedure, workplace claims (0) It is commonplace for social media posts to form part of personal injury litigation. They can be pro [More]
High Court dismisses a fundamentally dishonest PI claim: a review of Patel v Aviva and Zurich 17 May 2019 Dominique-Smith case report, courts, cpr, evidence, Experts, insurance, judges, personal injury, procedure, quantum, road traffic accidents, witnesses (0) There have been several interesting judgments concerning fundamental dishonesty that have been hande [More]
Hot drinks and burns: what are a vendor's duties when serving hot drinks to customers? 19 April 2019 Dominique-Smith case report, courts, Damages, judges, personal injury, SA Health and Safety (0) Customers can sometimes sustain injuries when purchasing hot drinks from vendors, particularly if th [More]