By Colin Richmond   I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been […]

By Mark Henley The decision of the Court of Appeal in Johnson v Ministry of Defence [2013] P.I.Q.R. P7, [2012] E.W.C.A. Civ 1505 provides a potential “knockout blow” for Defendants in noise-induced hearing loss limitation trials where attributability is disputed by the Claimant. Legal summary Issues relating to limitation in noise-induced hearing loss trials can […]

By Elliot Kay   The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on […]

By Peter Yates   Higgins and others v (1) ERC Accountants and Business Advisers Ltd and (2) Granite Tax Ltd [2017] EWHC 2190 (Ch) In Higgins and others v (1) ERC Accountants and Business Advisers Ltd and (2) Granite Tax Ltd [2017] EWHC 2190 (Ch) His Honour Judge Pelling QC, sitting as a judge of […]

By Mark Henley On 17 September 2017 the new, 14th, Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases was published: replacing the previous 13th Edition, published in September 2015. By way of commentary, the following three changes from the previous Edition are worth highlighting (from amongst eight […]

By Bronia Hartley   June Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 The appellant employee appealed against a decision that the qualified one-way costs shifting (QOCS) regime was not applicable to her claim for loss and damage suffered as a result of noise-induced hearing loss sustained during her employment with the respondent […]

In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the difficult issue of damages for surrogacy costs. “It cannot be properly argued that the claim for surrogacy costs should be diminished or rejected because the Claimant will have substantial other funds by way of damages. The other heads of damage […]