Monthly Archives: September 2017

You can’t have it both ways: costs and applications 

By Peter Yates   Higgins and others v (1) ERC Accountants and Business Advisers Ltd and (2) Granite Tax Ltd [2017] EWHC 2190 (Ch) In Higgins and others v (1) ERC Accountants and Business Advisers Ltd and (2) Granite Tax Ltd [2017] EWHC 2190 (Ch) His Honour Judge Pelling QC, sitting as a judge of […]

THE 14TH EDITION OF THE JUDICIAL COLLEGE GUIDELINES: A BRIEF COMMENTARY

By Mark Henley On 17 September 2017 the new, 14th, Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases was published: replacing the previous 13th Edition, published in September 2015. By way of commentary, the following three changes from the previous Edition are worth highlighting (from amongst eight […]

Pre-1st April 2013 CFAs are for life, not just for Christmas

By Bronia Hartley   June Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 The appellant employee appealed against a decision that the qualified one-way costs shifting (QOCS) regime was not applicable to her claim for loss and damage suffered as a result of noise-induced hearing loss sustained during her employment with the respondent […]

DAMAGES FOR SURROGACY COSTS ARE RECOVERABLE: A HIGH COURT DECISION

In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the difficult issue of damages for surrogacy costs. “It cannot be properly argued that the claim for surrogacy costs should be diminished or rejected because the Claimant will have substantial other funds by way of damages. The other heads of damage […]

FATAL ACCIDENT DAMAGES: A RECENT CASE: LIFE EXPECTANCY; DAMAGES FOR LOSS OF SERVICES & LOSS OF CARE & ATTENTION

In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.   THE CASE The claimant was the widow whose husband died from a cardiac arrest.   It was successfully argued that that the presence […]

Uncertainty of prognosis is no excuse for late acceptance of Part 36 offer

By Frances Lawley   Briggs v CEF Holdings Ltd (2017) CA (unreported) It is not uncommon for a defendant to make a part 36 offer early on in proceedings before the full prognosis is known. The frequency with which claimant representatives are faced with the difficulty of advising clients in these circumstances does not reduce […]

FAIL TO ENGAGE IN ADR AT YOUR PERIL

By Justin Crossley   Marsh v Ministry of Justice (2017) QBD is a timely reminder of the need for parties to consider Alternative Dispute Resolution (ADR) in personal injury claims. The Claimant, a Prison Officer, succeeded in a claim for personal injury against his employer, the Ministry of Justice.  Having succeeded in the claim Thirlwall […]