Monthly Archives: January 2017

WHIPLASH & SOFT TISSUE QUANTUM UPDATE

By Colin Richmond   It has now been around nine months since I last posted a quantum update. These updates seem to be quite popular, based on the feedback I have received at seminars and over the telephone, so another now seems appropriate.   Neck, Shoulder, Chest – Five Months Donnelly v QBE Insurance Limited […]

PEDESTRIAN -V- CAR : RTA CASE SUMMARY

  By Bronia Hartley Wooldridge v George (2017) QBD (Judge Walden-Smith) 23/01/2017 The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car. The claimant pedestrian [W] brought a claim in negligence […]

To Be Able or Not to Be Able : Capacity Issues in Personal Injury Litigation part 1

By Kate McKinlay This article is the first in a series of 2, dealing with the question of capacity in PI litigation particularly, and civil proceedings generally. Capacity issues most commonly arise in two contexts in personal injury litigation. Firstly, where there are doubts over whether respect of either party has capacity to litigate, and […]

Can moral culpability be taken into account when assessing s33 discretion in an historic sexual abuse case?

By Sabrina Hartshorn   GH v (1)The Catholic Child Welfare Society (Diocese of Middlesbrough) (2) The Trustees of the Middlesbrough Diocesan Rescue Society and (3) Trustees of the De La Salle Provincialate  Where the court was asked to consider whether the high level of moral culpability on the part of the perpetrators and Defendants should […]

Expert evidence by the back door: Teva UK Ltd and others v Gilead Sciences Inc

  By Peter Yates   Teva UK Limited and others v Gilead Sciences Inc [2017] EWHC 13 (Pat) – a patents case – gave rise to a brief but useful point about expert evidence. Both parties sought to circumvent the requirement to obtain the court’s permission before adducing expert evidence. The Defendant sought to adduce […]

Paying the incorrect court fee – Some relief for Claimants

 By Justin Crossley Wells v Wood and Nottingham County Council CC (Lincoln) 09/12/2016 This is another case in which the court considered a Defendant’s application that a claim was statute barred following the payment of an incorrect court fee on issue. Zenith Chamber’s Gordon Exall acted for the successful Claimant. Facts The Claimant had been […]

Future loss of earnings (Ogden vs Smith v Manchester approach), loss of congenial employment, material contribution test: A review of the decision in Kennedy v London Ambulance Service NHS Trust [2016] EWHC 3145 (QB)

By Vilma Vodanovic (Decision of HHJ Peter Cotter QC sitting as a deputy High Court Judge) This was a case of carbon monoxide poisoning. Liability was admitted; the matter was listed for an assessment of damages hearing. The interesting part of the decision is yet another example of the need not to focus too rigidly […]