Monthly Archives: February 2016

KNAUER: SUPREME COURT ALLOWS APPEAL: MULTIPLIER RUNS FROM DATE OF TRIAL

Originally posted on Fatal Accident Law:
The Supreme Court gave judgment in Knauer -v- Ministry [2016] UKSC 9 of Justice this morning. The court allowed the appeal.  The multiplier in a fatal accident case now runs from the date of trial/assessment and not the date of death. This means that fatal accident awards will now…

PRACTICE NOTE ON ‘CAPACITY’

By Kate McKinlay PI practitioners are not safe from capacity considerations. With an aging population and an increasing population of adults with learning disabilities, queries around capacity, whilst not quite ubiquitous yet, is nonetheless becoming an integral part of a PI practitioner’s essential knowledge.  The only problem therefore being that in fact most of us […]

A 95% liability offer can be a valid Part 36

Jockey Club Racecourse v Willmott Dixon Construction Ltd [2016] EWHC 167 (TCC)  By Nicola Phillipson C made an application for indemnity costs following D’s failure to accept C’s Part 36 offer to settle liability at 95%. The offer had been made in a letter dated 30/1/15.  D conceded liability some time prior to 17/12/15. This […]

THE EMPLOYER’S DUTY: THE SUPREME COURT STATES THE IMPORTANCE OF RISK ASSESSMENTS

Originally posted on Accidents at Work and Loss of Earnings Claims :
In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of general application.   It raises interesting issues as to the relevance of “It follows that the employer’s…

Further shots fired in the long-running battle between credit hire companies and insurers…

 By Frances Lawley Sobrany v UAB Transtira [2016] EWCA Civ 28 Credit hire litigation is rife with technical arguments which have been accused of being ‘layers of artificiality’ (by Judge Mackie in W v Veolia Environmental Services (UK) Plc [2011] EWHC 2020 (QB), [2012] 1 All E.R. (Comm) 667). Claims for credit hire are often […]

YOU’RE GONNA NEED A BIGGER BOAT – JACKSON PROPOSES FIXED COSTS FOR ALL CIVIL CLAIMS UP TO £250,000

  By Andrew Wilson Just when personal injury practitioners thought it was safe to go back into the water, in a speech last Thursday (28/1/16), Lord Justice Jackson announced proposals to widen the current fixed costs regime applicable in fast track personal injury claims to all civil claims valued up to £250,000. The full speech is […]