PIBULJ
Priming the Pump: Solicitors and Non Party Costs Orders - David Sawtell, 4 King's Bench Walk
18/04/13. The litigation in Germany v Flatman; Barchester Healthcare Ltd v Weddall [2013] EWCA Civ 278 posed a very important question for personal injury litigators: in what circumstances do solicitors acting for claimants make themselves vulnerable to an application for non party costs? Under a conditional fee agreement, a lay client typically does not have to pay for his solicitor’s costs if his claim is unsuccessful. Almost all claims, however, require...
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Jason Sharp v Top Flight Scaffolding Ltd - Nicholas Baldock, 6 Pump Court
17/04/13. The case of Jason Sharp has raised some interest in Personal Injury circles given the high level of contributory negligence (60%) ascribed to the Claimant. A number of authorities were cited and reviewed at the hearing although only Sherlock -v- Chester City Council [2004] EWCA Civ 201 was specifically cited in the judgment. Claimants can and do assert that statutory duties are designed to secure health and safety and should not be emasculated by high levels of contributory negligence. Courts therefore...
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The Future Lost Earnings of Catastrophically Injured Children - Chris Gutteridge, Exchange Chambers
16/04/13. How is a judge supposed to make any estimation of what a young child would have earned in his or her adult life in the absence of a catastrophic injury? It is an unquestionably difficult task. That task falls on the claimant’s representatives. The court must be provided with sufficient evidence to come to a (favourable) conclusion on the claimant’s likely uninjured career path. Guidance as to what that evidence should address and, perhaps, how it should be presented...
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PI Practitioner, April 2013
16/04/13. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Simply fill in your email address at the top right of this website. This month: Relief from sanctions - the new CPR 3.9.
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Skidding on Black Ice: is the Driver at Fault? (Smith v Fordyce [2013] EWCA Civ 320) - Tom Gibson, Outer Temple Chambers
15/04/13. Do you ever advise on road traffic accidents where the defendant’s case is that no-one was at fault because the accident happened despite reasonable care being taken? If so then you may be interested in the recent Court of Appeal case of Smith v (1) Fordyce (2) Quinn Insurance Limited [2013] EWCA Civ 320. Smith v Fordyce does not extend the law. However it is an interesting reminder of...
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More Articles...
- The Revised Costs-Only Procedure - Matthew Hoe, Jaggards & Taylor Rose Law
- RTA Post Jackson: The Key Facts You Need to Know - Andrew Mckie, Clerksroom
- Employment Stress: How Can We Help Employees and Employers - Hugh Koch, Simon Midgley & Julie Bevan-Pearson
- A Jackdaw’s Nest, a Curate’s Egg, a Tinkerer’s Charter and Winston Churchill’s Pudding: Health and Safety in the House of Lords: Part 1 - Roderick Abbott, 1 Chancery Lane
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
