Discontinue at your peril: obtaining fundamental dishonesty post-discontinuance 28 February 2020 Dominique-Smith case report, costs, courts, cpr, Damages, evidence, Experts, insurance, judges, medical records, personal injury, procedure, road traffic accidents, self represented litigant, whiplash (0) It is frequent occurrence in road traffic claims for defendant insurers to raise allegations of [More]
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]
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]
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]
Can you be found contributorily negligent for attempting your own suicide? 03 April 2019 Dominique-Smith case report, clinical negligence, courts, Damages, evidence, healthcare, judges, medical law, medical records, NHS, personal injury, witnesses (0) Suicide is a topic that many of us find difficult to discuss. Attempts on one's own life, parti [More]
Disapplication of QOCS: Is failure to pay the trial fee sufficient? 26 March 2019 Dominique-Smith case report, costs, courts, cpr, judges, litigant in person, personal injury, self represented litigant, Strike Out, travel (0) QOCS, otherwise known as Qualified One-way Costs Shifting, leaves defendants out of pocket when defe [More]
Experts in contempt - amend reports at your peril... 19 March 2019 Dominique-Smith case report, committal, contempt of court, courts, cpr, evidence, Experts, insurance, judges, master of the rolls, medical records, NHS, personal injury, road traffic accidents, whiplash (0) Medical reports are often meticulously scrutinised in personal injury claims. They provide an overvi [More]
Proving the size of highway defects - why measurements of length, width and depth are crucial 05 March 2019 Dominique-Smith case report, courts, Damages, evidence, judges, personal injury, public authorities , SA Highways (0) It is common in highway trip and slip claims for claimants to provide photographs of the defect they [More]