Monthly Archives: June 2014

Costs Budgets, Signatures and Common Sense

  by Elliot Kay Americhem Europe Ltd v Rakem Ltd and George Walker Transport Ltd [2014] EWHC 1881 Whilst in a perfect world it is hoped that all costs budgets will be signed by a “senior legal representative”, it appears that it will not be fatal if the budget is in fact signed by a […]

ARE YOU SURE THAT’S WHAT HAPPENED? – RTA – NEGLIGENCE – FRAUD

 By Colin Richmond   MOHAMMED ADRIS AZIZ v (1) ANSAR ALI (2) ESURE SERVICES LTD: ABDUL JAMIL v (1) SHERZAD SERWAN (2) LIVERPOOL VICTORIA INSURANCE SERVICES: (1) FARHANA KAZMI (2) SHAMILA SALEEM v (1) SHERZAD SERWAN (2) LIVERPOOL VICTORIA INSURANCE SERVICES LTD (2014) [2014] EWHC 1846 (QB) BACKGROUND These claims arose from two alleged road […]

It’s not just good, but exceptionally good.

 By Simon Ross   Earlier this week, the Court of Appeal comprising The Master of The Rolls, Lord Justice Jackson and Lord Justice Vos heard the conjoined appeals in Denton and Ors –v- T H White Limited and anr, Utilise TDS Limited –v- Davies and ors. and Decadent Vapours Limited -v- Bevan and Ors. all […]

RELIEF FROM SANCTIONS FOLLOWING FAILURE TO FILE FUNDING INFORMATION AT START OF A COSTS ASSESSMENT – A TRIVIAL BREACH?

  By Catherine Duffy In Warner v Merrett (QBD 12/6/2014) Judge Mackie QC found it was just to GRANT RELIEF from sanctions following a failure to serve funding information at the start of a detailed costs assessment in a Mercantile Court.

‘I DON’T OWE YOU ANYTHING’

 By Andrew Wilson The exclusion of uninsured driver claims where criminal activity is involved – Delaney v The Secretary of State for Transport [2014] EWHC 1785 As all personal injury practitioners will be aware, the Motor Insurers Bureau deals with claims made by those injured in road traffic accidents where the driver at fault is […]

WHAT TO DO IF YOU CAN’T GET A STATEMENT FROM A WITNESS IN TIME BUTYOUWANT TO RELY ON WHAT THEY HAVE TO SAY: WITNESS SUMMARIES (R.32.9 CPR)

By Vilma Vodanovic Rule 32.9 CPR (link to rule 32.9) allows for a party to file a witness summary in place of a witness statement if that party is unable to obtain a witness statement. This is a useful tool if you can’t get a statement to serve in time but you know what the […]

TOUCHING A NERVE – CLINICAL NEGLIGENCE: Malcolm Atkinson v South Tees Hospitals NHS Foundation Trust [2014] EWHC 1590 (QBD)

Ruwena Khan A surgeon had divided a patient’s ulnar digital nerve during an operation and he had been negligent in failing to recognise that fact and to consider repairing it. It was not established that the patient’s palmar cutaneous nerve had been divided in a later operation. Judgment in part for the Claimant (Stewart J).