Category Loss of earnings

CHANGES TO THE DISCOUNT RATE: THE PRACTICAL IMPACT & THE STEPS THAT NEED TO BE TAKEN

Today the government announced a change in the discount rate from 2.5% to -0.75%. This has a major impact upon the way that schedules for future loss are calculated. PRACTICAL STEPS The practical steps that need to be taken include: Check and revise any existing schedules of damages that have any element of future loss. […]

2016 IN PERSONAL INJURY: A YEAR IN BLOG POSTS

Throughout 2016 the Zenith Personal Injury  Team have been busy blogging about the latest news in PI and civil procedure. Here, as the first “review of the year” are all the posts topic by topic. POSTS ON PROCEDURE This has been (as always) an interest year in relation to procedure. Vilma Vodanivic considered what happens […]

SIXTY YEARS OF MUNKMAN ON DAMAGES: A PICTORIAL HISTORY

It is now sixty years since the first edition of Munkman on Damages was published, it is now in its 13th edition.  Looking at how it has changed over the years says a lot about how the law has developed but also how some fundamental points are timeless. JOHN MUNKMAN John Munkman practised at the […]

MONTHLY ROUNDUP: FEBRUARY 2015

Here is a roundup of what we were discussing in February: POSTS ON LIABILITY Justin Crossley considered the circumstances When notice is not required to succeed in an injury claim against a landlord Ruwena Khan looked at the case of Ford -v- Silverstone (2015) QBD in No duty of care owed to extremely reckless friend […]

FIVE MORE IMPORTANT POINTS FOR THOSE ISSUING IN HASTE

 By Gordon Exall Friday is ( or may be)  effectively the last day you can issue under the old fee regime.  This is going to be a busy day for many litigators. Here are five points in an attempt to ensure that no long-term problems arise.

ASSESSING DAMAGES: WHY THE JUDGES GO BACK TO BASICS AND THE VERY PRACTICAL CONSEQUENCES

 By Gordon Exall Recent cases have show that, when faced with difficult issues of calculation in personal injury cases, judges look back at the very basic principles of personal injury damages. These cases show how important the basic principles of personal injury damages are. The multiplicity of tools now available to assess damages can often […]

COGNITIVE DEFICIT, CAPACITY AND QUANTUM : A fresh look at how to approach cognitive deficit in PI claims.

 By Kate McKinlay  In the recent decision of JUBAIR ALI ( PROTECTED PARTY BY JABID ALI, HIS FATHER AND LITIGATION FRIEND) v (1) DAVID GRAHAM CATON (2) MOTO INSURERS’ BUREAU  [2014] EWCA Civ 1313 The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, […]