Monthly Archives: July 2015

Billett v Ministry of Defence – Ogden Tables Revisited

 By Jonathan Holsgrove  The Court of Appeal has handed down judgment following the Defendant’s appeal of the first instance judgment of the High Court (article by Gordon Exall here). In 2009, the Claimant had been in the army and his role was as a HGV driver.  He had been taking part in a field exercise […]

Setting Aside Notices of Discontinuance and QOCS – Kite v The Phoenix Pub Group

 By Elliot Kay The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates a number of pubs it alleged that at the time of the accident the pub was owned, operated and […]

ALLOCATION ISSUES FOR LOW VELOCITY IMPACT AND FRAUD ROAD TRAFFIC CASES

  By Mark Henley The allocation of low velocity or fraud road traffic cases has become increasingly important to Claimants’ solicitors since the introduction of “fixed” fast track costs for road traffic accidents occurring after 31.7.13. Before that, such cases involved significant risks of failing, but were potentially highly profitable even on the fast track: but […]

THE OGDEN TABLES -v- SMITH & MANCHESTER: A COURT OF APPEAL DECISION ON LOSS OF EARNINGS

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
In Billett -v- Ministry of Defence [2015] EWCA Civ 773 the Court of Appeal overturned a decision that future loss of earnings should be determined by the “Ogden tables” approach and replaced it with the more traditional Smith -v- Manchester approach. Lord Justice Jackson sets out a…

Dutton & ors v Minards & ors (2015): AN EXAMPLE OF THE CHANGING FACE OF PART 36

 By Frances Lawley Dutton & ors v Minards & ors (2015) An example of the changing face of Part 36… The claimants made a Part 36 offer to settle proceedings for £18,000 which was accepted by the defendants one minute after expiry. In accepting after expiry the defendants avoided the automatic costs consequences contained in […]

STRETCH OUT AND WAIT – GOOGLE STREET VIEW HISTORICAL IMAGES AND HIGHWAY MAINTENANCE CLAIMS

 By Andrew Wilson Most personal injury lawyers will know[1] what a useful tool Google Maps Street View is for getting an ‘on the ground’ photographic view of a particular location[2]. Indeed, so ubiquitous has its use become that one could be for forgiven for forgetting it has only been with us in the UK since […]

APPLICATION FOR STRIKE OUT INAPPROPRIATE WHERE SINGLE FAILURE TO COMPLY AND ORDER CONTAINED NO SANCTION FOR NON-COMPLIANCE

 By Catherine Duffy ARDILA INVESTMENTS NV V ENRC NV (2015) QBD (Comm)(Leggatt J) On 8th July 2015 Leggatt J ordered that it had not been appropriate to strike out a claim due to a claimant’s single failure to comply with a directions order for disclosure, where the order contained no sanction for non-compliance. The claimant’s […]