Monthly Archives: March 2017

CONSULTATION DOCUMENTS ON THE PERSONAL INJURY DISCOUNT RATE: USEFUL LINKS

This blog has already looked at the procedural steps that litigants need to take in relation to the changes to the discount rate.  The Ministry of Justice has today published a series of documents consulting on possible different approaches. CONSULTATION DOCUMENT The Ministry of Justice has put forward a consultation paper on possible changes to […]

“JUDICIAL BIAS CONSIDERED”

By Justin Crossley In Willmott–v- Rotherham NHS Foundation Trust (2017) EWCA Civ 181 the Court of Appeal considered whether a Judge’s comment during a clinical negligence trial had the objective appearance of bias or prejudging the evidence. Background The Appellant brought an unsuccessful claim in damages arising from the Respondent’s alleged negligent decision to undertake […]

SPECIAL DAMAGES FOR PHYSIOTHERAPY COSTS: RATES LIMITED TO THE CHARGES OF THE PHYSIOTHERAPIST OFFERED BY THE DEFENDANT’S INSURERS

By Mark Henley   NUTTAL V CHEW (UNREPORTED) On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates […]

Relief from sanctions: Simon Patterson (The Trustee in Bankruptcy of George Spencer) v George Spencer and others [2017] EWCA Civ 140

By Frances Lawley The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment. The application for relief from sanctions was heard at first instance by Mr Henry Carr QC […]

CREDIT HIRE IN THE COURT OF APPEAL AGAIN – MCBRIDE –v- UK INSURANCE LIMITED; CLAYTON –v- EUI LIMITED [2017] EWCA Civ 144

By Simon Ross   As Flax LJ neatly states at the beginning of his leading unanimous Judgment, “These two appeals are the latest round in the long-running battle between the motor insurance market and the credit hire companies”. Both appeals concerned the question of the correct approach to the assessment of damages in respect of […]

The importance of costs budgets- Merrix v Heart of England NHS Trust [2017] EWHC 346 (QB)

By Elliot Kay   The Appellant had succeeded against the Respondent in a clinical negligence claim but when the matter came before District Judge Lumb for a detailed assessment of her costs, he was asked to determine as a preliminary issues whether his discretion on costs was fettered by the cots budgeting regime. The case […]