Brownlie v Four Seasons Holdings Inc [2015] EWCA Civ 665 09 July 2015 Matthew-Chapman (0) On 3 July 2015 the Court of Appeal handed down judgment in Brownlie v Four Seasons Holdings Inc [2015] EWCA Civ 665 (now available on Lawtel): a fatal road traffic accident and personal injury claim arising out of an “off-package” excursion contract performed in Egypt. In largely dismissing the Defendant’s appeal against the Order of Tugendhat J ([2014] EWHC 273 (QB)), the Court ... [More]
Car vs Cyclist: Apportionment of liabilty 25 June 2015 Sophie-Mortimer case report, Experts, LP contributory negligence, personal injury (0) Fenella Sinclair (A protected person by her litigation friend & daughter) v Rachel Joyner [2015] EWHC 1800 (QB). The Claimant was cycling along a rural road. She was in the middle of the road, standing on her pedals. She was not wearing a helmet. The Defendant was driving her car along the same road in the opposite direction. She had just come around a bend when she saw the Claimant. She... [More]
Expert evidence in road traffic cases 10 June 2015 Ian-Miller case report, cpr, evidence, Experts, personal injury, procedure, public authorities (0) Is the evidence of an expert in cycling safety reasonably required in a personal injury claim arising out of an accident which the claimant alleges was caused by the highway authority’s breach of duty (in respect of maintenance, layout etc)? At a Case Management conference in the case of Allen v Cornwall Council [2015] EWHC 1461 the District Judge gave the claimant permission to re... [More]
Guidance as to Litigants-in-Person, a sign of the times? 09 June 2015 Thomas-Crockett courts, General, judges, litigant in person, procedure, self represented litigant (0) The Bar Council, Law Society and Chartered Institute of Legal Executives has produced some joint guidance for lawyers in how to conduct themselves towards a litigant-in-person. The Guide (available at http://bit.ly/1IkTPig) remind practitioners of their professional obligations and that the growing rise in unrepresented parties should be regarded as a sign of the times, rather than a sign of there... [More]
Have we started yet? Commencement of contested hearing and CFA uplifts 04 June 2015 Thomas-Crockett case report, conditional fee agreements, costs, cpr, General, LP Costs, LP Procedure, success fees (0) When a trial begins is of obvious import to any litigant where one or more party is funded by a conditional fee agreement which provides for an uplift per CPR 45.16 and 45.17. Mrs Justice Slade in a recent appeal from Master Campbell held that a contested hearing on the issue of liability had yet to commence before a subsequent settlement. The facts of James v Ireland [2015] EWHC 1... [More]
Direct actions against foreign insurers in PI claims: the sting in the tail 03 June 2015 Jack-Harding (0) Barristers and solicitors practising in the field of personal injury litigation arising from accidents abroad have, for some time, been comforted by the fact that - at least as far as EU member states are concerned - it is relatively easy to idenitfy a direct cause of action (under the relevant local law) against the tortious party's insurer, thereby permitting a claim to be brought in the Courts ... [More]
Relief from Sanctions / Strike Out - Is it "worth a go"? 27 May 2015 Thomas-Crockett case report, General (0) Last week the Commercial Court dealt out a salutary warning to Parties whom are seen to opportunistically attempt to take advantages of defaults by their opponents. Mr Justice Popplewell in the case of Viridor Waste Management Ltd v Veolia ES Ltd (unreported, QBD (Comm) 22 May 2015) awarded a claimant its costs assessed on the indemnity basis in circumstances where it was held that the... [More]
More Political Uncertainty for PI Litigators 22 May 2015 Ben-Hicks General, personal injury, politics (0) Ian Miller’s recent post looking at of what party manifestos might tell us about the way ahead for personal injury lawyers identified a large number of potentially significant and yet radically differing changes ahead. Which actually lay in store for us was, of course, going to be dependent upon which way we voted – and upon which post-election alliances were formed and the compromises... [More]
Changes to the Spanish Baremo System 20 May 2015 Matthew-Chapman (0) English lawyers familiar with the ECJ decision in Odenbreit and the inroads made into English law by the Rome II Regulation are also likely to have at least a passing acquaintance with the Spanish Baremo Rating System for the Assessment of Damages in personal injury claims. The system applies compulsorily in a road traffic accident context, but is characteristically applied (by analogy) by Spanish... [More]
Costs Budgeting: reforms on their way… 15 May 2015 Ian-Miller access to justice, clinical negligence, costs, cpr, personal injury, procedure (0) Jackson L.J. delivered a speech on costs budgeting on Wednesday. For many of us engaged in CCMCs who encounter inconsistency, courts overwhelmed by the volume of hearings, unnecessary costs incurred and often the thinly disguised frustration of judges with the process, his conclusion that ‘costs management works’, may come as a surprise. His proposals for reform, including fixed costs ... [More]