Monthly Archives: September 2016

Trial bundles can make you sick – Top tips for a compliant bundle

 By Jonathan Holsgrove Last month in Swift & Others v Fred Olsen Cruise Lines [2016] EWCA Civ 785 the Court of Appeal had cause to consider the judgment made at first instance in claim by passengers who fell ill with norovirus on a number of cruises in 2011.  Of interest to practitioners will not so […]

THE FIGHT AGAINST FRAUD – SUCCESS OR FAILURE?

 By Chris Rafferty Earlier this month the Scottish government set out its plans to introduce legislation emulating the funding arrangements which have now been in place south of the border for some time. The Expenses and Funding of Civil Litigation Bill, expected to be introduced next year, will permit DBAs to be enforceable by solicitors […]

LITIGANTS IN PERSON AND COSTS BUDGETING: Campbell v Campbell [2016] EWHC 2237 (Ch)

By Ruwena Khan Can litigants in person ‘escape’ the rules relating to costs budgeting in all claims? To what extent does the costs management regime under CPR 3.12 to 3.18 apply to the costs of a litigant in person? Chief Master Marsh has clarified that the court does indeed have jurisdiction to order a litigant […]

FRAUD – SEVERAL BITES OF THE CHERRY?

 By John M. Collins The recent case of Zurich Insurance Co v Hayward [2016] 3WLR 637 undoubtedly strengthens the hand of insurance companies. It resolves certain issues of uncertainty, but, as I shall indicate, appears to create further problems. The facts of the case were essentially simple. The Claimant claimed over £400,000 damages in respect […]

Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred

MIB v Moreno [2016] UKSC 52 Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement […]

PERSONAL INJURY ANNUAL UPDATE: 17th OCTOBER 2016 CENTRAL LEEDS

The Personal Injury Practice Group is holding its Annual Update on the 17th October at the Park Plaza Hotel in Leeds. The course runs from 9.30 to 5.00pm and lunch is provided. The cost is £80. Topics to be covered this year include: Costs – developments in 2016. Employer and public liability update. Road Traffic […]

FATAL ACCIDENT BEREAVEMENT DAMAGES DO NOT EXTEND TO COHABITEE: A HIGH COURT DECISION MADE WITH SOME RELUCTANCE

In the judgment today in Smith -v- Lancashire Teaching Hospitals NHS Trust [2016] EWHC 2208 (QB) Mr Justice Edis, reluctantly, held that the Fatal Accidents Act bereavement payment cannot be extended to cover a cohabitee. “Why, in any event, does it serve any public interest to refuse to require insurers to make payments which, according […]