Monthly Archives: May 2018

DAMAGES FOR LOSS OF A FATHER: DAMAGES FOR LOSS OF “INTANGIBLE BENEFIT” AWARDED

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
In  CC v TD [2018] EWHC 1240 (QB) His Honour Judge Freedman (sitting as a High Court judge) found that it was appropriate for the court to award damages for loss of intangible benefit when children had suffered the loss of a father. THE CASE The deceased was…

THE IMPORTANCE OF RISK ASSESSMENTS: IMPORTANT HIGH COURT DECISION AND A REMINDER OF FORTHCOMING TALK

In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation.   On appeal the judge  rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal. […]

RISK ASSESSMENTS AND THE VIOLA PLAYER: BOWING TO THE INEVITABLE OR JUST HIGHLY STRUNG?

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
The case of Goldscheider v The Royal Opera House Covent Garden Foundation [2018] EWHC 687 (QB) received a lot of attention because of the unusual facts. However the case is, in fact, a classic illustration of the central importance of the risk assessment in modern litigation. THE RISK…

FALSE PROMISES AND PENURY: STILL NO SIGN OF SURRENDER IN THE CREDIT HIRE WAR

For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD. In the appeal of Miss Katherine Ann Irving -v- Morgan Sindall plc [2018] EWHC 1147 (QB) Turner J […]

ZENITH CHAMBERS ON THE LEEDS LEGAL WALK

Yesterday, after a rigorous selection process, followed by months of intensive training, a select group set forth from Zenith Chambers to take part in the Leeds Legal Walk. (The compulsory photo outside chambers).   Next year we are buying shares in the company that makes branded T-shirts.       The route (we think) we […]

​FIXED COSTS ONLY WHERE PRE-ACTION PROTOCOL NOT FOLLOWED

An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims before settling a claim pre-issue will very likely lead to only fixed costs being recovered and the time to raise such an argument is when filing an acknowledgment of service to Part 8 costs-only proceedings. The […]