The decision of the Upper Tribunal in  VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA.  It shows the need to think long and hard before issuing civil […]

 By Catherine Duffy UK Insurance Limited and R&S Pilling T/A Phoenix Engineering [2017]EWCA Civ 259 Court of Appeal (Civil Division) – hearing date 29th March 2017 The issue was whether the motor insurance cover of the 1st defendant’s, Mr Holden, extended to liability for damage to the property of 3rd parties as a result of […]

By Vilma Vodanovic   Summary of the decision in Elson v Stilgoe [2017] EWCA Civ 193 (30.3.2017) One cold, dull January morning (at about 8am) C and a friend, R, were riding their bicycles on a single carriageway road. They were both overtaking a stationary line of traffic on their nearside. There was an area […]

This blog has already looked at the procedural steps that litigants need to take in relation to the changes to the discount rate.  The Ministry of Justice has today published a series of documents consulting on possible different approaches. CONSULTATION DOCUMENT The Ministry of Justice has put forward a consultation paper on possible changes to […]

By Justin Crossley In Willmott–v- Rotherham NHS Foundation Trust (2017) EWCA Civ 181 the Court of Appeal considered whether a Judge’s comment during a clinical negligence trial had the objective appearance of bias or prejudging the evidence. Background The Appellant brought an unsuccessful claim in damages arising from the Respondent’s alleged negligent decision to undertake […]

By Mark Henley   NUTTAL V CHEW (UNREPORTED) On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates […]

By Frances Lawley The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment. The application for relief from sanctions was heard at first instance by Mr Henry Carr QC […]