PIBULJ
Three strikes, you’re still in? What Fairclough Homes Ltd v Summers [2012] UKSC 26 tells us about fraud - David Sawtell, 4 King's Bench Walk
18/09/12. The significance of Fairclough Homes Ltd v Summers [2012] UKSC 26 lies not in the decision that the Supreme Court reached but in the approach to abuse of process that it approved. At the end of a trial, where it is possible to make a fair award of damages in favour of a claimant, it is deeply unlikely that the court will strike out the entire claim as an abuse of process. Viewed on its own facts, then, the progress from Ul Haq v Shah [2009] EWCA Civ 542, where it was said that it was not possible to strike out a claim in this way, is glacial. Instead, it is the encouragement that the Supreme Court gave to litigants faced with other scenarios that will affect personal injury practice.
Image cc flickr.com/photos/gareth1953/6316198474/
Read more (PIBULJ subscribers only)...
Reflections of a Reluctant Claimant - David Locke, Hill Dickinson LLP
18/09/12. During the consultation undertaken by Lord Justice Jackson, prior to the publication of his reform proposals, the debate amongst the stakeholders descended often to hyperbole. The lobbyists withdrew to increasingly entrenched positions, although all claimed the moral high-ground. To each other, the claimant and defendant representatives became fairy-tale monsters, either heartless insurers dragging claims out needlessly, or greedy solicitors running up disproportionate bills, milking a system that perpetuates fraudulent claims.
It is difficult to cut through the rhetoric. What better way than to be involved in a car crash and to see the machinery grind at first hand? Well, perhaps there were better ways….
Image ©iStockphoto.com/Mark-W-R
Read more (PIBULJ subscribers only)...
Rebuttal of 'Litigation culture making Britain less safe' - Julie Carlisle, Henmans LLP
17/09/12. A response by Julie Carlisle to a recently published article by Professor Frank Furedi, "'Litigation culture' is making Britain less safe, says report". I was taught by Professor Frank Furedi at the University of Kent and I have a lot of respect for the man and his opinions – which appear however to have shifted rather across the political spectrum since I knew him – but I have to disagree with him on this occasion.
If a child falls over and cuts themselves in the playground, the school should...
Image ©iStockphoto.com/clubfoto
Read more (PIBULJ subscribers only)...
Not black & white - Richard Scorer, head of serious injury, Pannone LLP
14/09/12. Richard Scorer explains that grey areas still exist at the boundaries of vicarious liability. In JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938, the Court of Appeal upheld a first instance decision making the Catholic Church (or rather its constituent dioceses and orders) vicariously liable for its priests who commit child abuse. The decision is significant for the Church as it has had a serious...
This article was first published in the New Law Journal on 10th August 2012.
Image ©iStockphoto.com/funky-data
Read more (PIBULJ subscribers only)...
Got A Multi-Party Claim That You Would Like To Settle? - Tim Wallis, Trust Mediation Ltd
13/09/12. As an experienced litigator and mediator I am convinced that mediation really comes into its own in multi-party claims. I have been involved in many multi-party mediations over the years. These have ranged from routine personal injury claims involving more than two parties to a series of Civil Justice Council/Ministry of Justice sponsored mediations of industry agreements relating to personal injury costs, success fees and the like. It could also be said that the character of my work as independent Chairman of RTA Portal Co and the ABI GTA Technical Committee on credit hire, is in the manner of a long running mediation. Here are a few thoughts on why I find that mediation works so well in the multi-party environment and some of the additional issues that fall to be considered.
There are many types of multi-party case. There can be multiple claimants, multiple defendants or both. In the personal injury context multi-party claims include claims for product liability, occupier’s liability, employer’s liability, disease claims and routine Road Traffic Act claims. The latter include innocent passenger A against defendant driver B and defendant driver C. Also, of course, there are multiple vehicle pile-ups.
Image ©iStockphoto.com/bagi1998
Read more (PIBULJ subscribers only)...
More Articles...
- Got A Multi-Party Claim That You Would Like To Settle? - Tim Wallis, Trust Mediation Ltd
- PI Practitioner, September 2012
- Who is who in Mental Health? - Dr Kim Whitaker & Dr Gerrard Burrell-Hodgson
- Blair-Ford v CRS Adventures Ltd (2012): Duty of Care Not Breached by Tragic, Freak Accident - Flora Wood, Partner, Ashfords Solicitors
![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)
