PIBULJ
Choosing the Right Expert - Mark Solon, Bond Solon
16/10/12. Choosing the right expert in a personal injury claim can be one of the biggest factors in deciding the outcome of that claim. And yet, set against a backdrop of continuously updated practice rules and procedures, solicitors need to be more careful than ever that their witness is qualified for the job.
It goes without saying that irrespective of the reputation of the expert, due diligence must be conducted to ascertain their court experience and know how. For many years it has not been good enough simply that an expert is...
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PI Practitioner, October 2012
16/10/12. 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.
New guidelines for damages in lower value personal injury claims.The 20th September saw the publication of the new and updated Judicial College (formerly Judicial Studies Board) Guidelines for the Assessment of General Damages in Personal Injury Cases (11th Edition).
Concerns had previously been raised about the lack of...
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Court of Appeal holds that English Court should follow German law remedies in a wrongful death case - Sarah Crowther, 3 Hare Court
16/10/12. In a recent decision (Cox v Ergo) concerning private international law issues in non-contractual obligations, the Court of Appeal has ruled by a majority that, where a claim for damages for wrongful death is brought pursuant to a foreign applicable law, the claimant cannot have the benefit of the generous rules on assessment of damages provided for under the Fatal Accidents Act 1976 (‘FAA’).
Major Cox was killed in a road accident in Germany in 2004. His widow brought proceedings directly against the German insurer of the German driver responsible in England and Wales pursuant to the jurisdiction provided by Articles...
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Ooops, I sued a dissolved Defendant! - Jamie Clarke, Hardwicke
16/10/12. Somewhat like the future Queen's bikini top, applications to restore a dissolved company to the companies register are often spoken of but rarely seen, so far as injury practitioners are concerned at least. As I say in my training seminar on the topic, the apparent complexities of reviving a claim where the Defendant is dissolved (or is dissolved after proceedings start) takes injury practitioners outside of their comfort zone...
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Lessons of the Provisional Assessment Pilot Scheme - Matthew Hoe, Jaggards
15/10/12. The provisional assessment pilot scheme in the Leeds, Scarborough and York County Courts under PD 51E has been extended to 31st March 2012. Known often as ‘paper assessment’, it is the pilot under which costs are assessed without a hearing. It is applicable to cases in which a request for detailed assessment is filed at court and the base costs in the case (i.e. costs excluding additional liabilities) do not exceed £25,000. Many personal injury claims are captured.
The pilot was instigated by Lord Justice Jackson. The new end date bumps it right up against the incoming Jackson reforms, into which it is expected to be absorbed.
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More Articles...
- It’s compensation not whiplash that’s the problem - Andrew Pemberton, Argent Rehabilitation
- Blair-Ford v CRS Adventures Ltd [2012] EWHC 2360 QB: Risk Assessments and “Welly-Wanging” - Monika Sobiecki, Pump Court Chambers
- Landlords Liability: Developments under the Occupiers Liability Act - Adam Gadd, Pump Court Chambers
- Cycling Accidents: a Turkey votes for Christmas - Julie Carlisle, Henmans LLP
![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)
