Monthly Archives: March 2015

After settlement of a claim for asbestos-related disease against two employers, is it an abuse of process to bring a claim for mesothelioma against a third employer two and a half years later?

 By Vilma Vodanovic The High Court decision in Lloyd v Humphreys and Glasgow Ltd [2015] EWHC 525 (QB) handed down on 20.3.2015 considers if there was abuse of process in those circumstances. It is also a useful example of the Court’s willingness to exercise its discretion under section 33 of the Limitation Act 1980. Background […]

Relief from Sanctions Granted to Overworked Solicitor

By Nicola Phillipson Vladimir Sloutsker v Olga Romanova [2015] EWHC 545 (QB) Relief from sanctions was sought for late service of evidence. Applying the Denton test, the court held that the breach was serious. The explanation for the breach was “straightforward but unimpressive”. On the day the evidence should have been served, most of the […]

NIHL: Disease or Injury and Does it Really Matter?

 Helen Rutherford   Case note on Dalton & Ors v British Telecommunications Plc [2015] EWHC 616 A recent case heard by Mr Justice Phillips in the High Court has considered the increasingly popular argument that Noise Induced Hearing Loss is an injury rather than a disease. Why was this an issue? Like all disease cases, […]

Statements of Case – Advice mainly to beginners, but we can all learn

 By John Collins Statements of Case Advice mainly to beginners, but we can all learn The standard of statements of case these days, whether for the Claimant or the Defendant, but more particularly for the Claimant, is abysmal. Yet it should be simple and straightforward.  CPR 16.4 says clearly what has to be included in […]

NEW COMPULSORY SYSTEM FOR OBTAINING MEDICAL REPORT IN WHIPLASH CLAIMS IS ON THE STARTING BLOCKS. ARE YOU READY FOR IT?

 By Kate McKinlay ‘MedCo Registration Solutions’ is the new compulsory system for sourcing medical reports in soft tissue injury claims brought under the PAP for low value PI claims in RTAs. It is a non-profit making organisation with an independent chair and cross industry representative bodies acting as Directors  on its board, namely:-Association of British […]

BIG News In Credit Hire – The Court of Appeal rules that recoverable BHR for Claimant will be the lowest reasonable rate charged by comparable hire companies.

By Joanna Hastie Stevens v Equity Syndicate Management Limited [2015] EWCA Civ 93 Traditionally, when assessing recoverable rates, credit hire companies have argued that where a range of comparable basic hire rates (BHR) can be shown from other companies, some of which are higher than the credit hire rate claimed, the Claimant’s credit hire rate […]

SIXTY YEARS OF MUNKMAN ON DAMAGES: A PICTORIAL HISTORY

It is now sixty years since the first edition of Munkman on Damages was published, it is now in its 13th edition.  Looking at how it has changed over the years says a lot about how the law has developed but also how some fundamental points are timeless. JOHN MUNKMAN John Munkman practised at the […]