Monthly Archives: August 2014

LACK OF CAPACITY – A TRAP FOR LAWYERS REMOVED?

 By John M. Collins   Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity.  This may or may not be the result of the injuries that they have suffered.  Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another […]

A car, a bus and a motorcycle are all waiting at traffic lights: what happens next? –  a review of a recent Court of Appeal case on road traffic liability

 By Vilma Vodanovic   The car driver and the bus driver were both entitled to assume that the motorcyclist, who was somewhere to the rear of them, would hold back and let them complete their manoeuvres – decision in Landau v The Big Bus Company Limited, Pawel Zeital discussed.

Credit Hire Update – Cost of hire not recoverable for Claimant taxi company – damages limited to loss of profit.

 By Joanna Hastie   I recently acted for the Defendant in a credit hire case where liability was admitted. The issue was quantification of damages – whether or not the Claimant should be able to recover the cost of hiring a replacement vehicle or whether the measure of damages should be limited to the loss […]

FEE CUT FOR WHIPLASH MEDICAL REPORTS

 By Catherine Duffy The Secretary of State for Justice has announced that fees for whiplash medical reports will be cut.

Setting aside default judgment: some hints for defendants and for claimants

 By Mark Henley The following hints may be useful for both sides in these important applications.  The Rules The court has a discretion to set aside valid judgments in default, pursuant to CPR 13.3: 3(1) … The court may set aside or vary judgment….if – (a) the defendant has a real prospect of successfully defending […]

Poetic Justice and Ex Turpi Causa – Can a claimant claim if injured during a criminal act?

 By Elliot Kay Can someone injured whilst committing a criminal act claim damages? A recent decision says no. Beaumont and O’Neill v Ferrer [2014] EWHC 2398 (QB) Two seventeen year old Claimants, Beaumont (B) and O’Neill (O), conspired with others to take a taxi from Salford to Manchester city centre and to make off without […]