PIBULJ
30 April 2011 - PI Practitioner
Shah v Ul-Haq and Others [2009] EWCA Civ 542
The Court of Appeal held that a finding of fraud in one area of a Claimant’s case was not sufficient in itself to knock out the whole of the claim. However, a Claimant’s credibility may be held to be so damaged by the particular finding of fraud that he fails to prove any part of his loss.
Francis and Others v Wells and Churchill Insurance Co Ltd [2007] EWCA Civ 1350
A failure by a defendant to show that a claimant’s case was a fraud does not lead directly to judgment for the claimant: the claimant still has to prove his case, and it may be that when all the circumstances of the case are considered in the round the claimant fails to do that. Though there will be no finding of fraud in those circumstances, the claim must still be dismissed.
Daly and Daly v Sheikh [2002] EWCA Civ 810
Where there is evidence that one party has sought to deceive the court, the requirements of doing justice point strongly towards admitting the evidence, even if it emerges at a very late stage.
30 April 2008 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner
LAW JOURNAL
EditorialPersonal Injury Articles
Quantum: Recent Developments in Fatal Accident Act Claims - William Latimer-Sayer, Cloisters
There has been a recent flurry of decisions concerning the principles to be applied when assessing the value of claims under the Fatal Accidents Act (FAA) 1976 (as amended). This article looks at four of those cases in particular: Williams v Welsh Ambulance Services NHS Trust [2008] EWCA Civ 81; A Trains & Son Ltd v Fletcher [2008] EWCA Civ 413; Jones v Royal Devon & Exeter NHS Foundation Trust [2008] EWHC 558 (QB); and Cameron v Vinters Defence Systems Limited [2007] EWHC 2267 (QB).
Hoddinott, Tick Boxes and the Procedure for Challenging the Late Service of a Claim Form - Jack Harris, 2 Temple Gardens
The recent Court of Appeal case of Hoddinott and Others v. Persimon Homes (Wessex) Ltd [2007] EWCA Civ 1203 has clarified the correct procedure to be adopted by defendants when challenging the late service of a claim form.
Is it all in the name? Smith v Manchester revisited - Angus Piper, 1 Chancery Lane
The Court of Appeal (Pill LJ, Sedley LJ and Sir Peter Gibson) recently dealt with the case of Morgan v UPS Ltd [2008] EWCA Civ 375, which consisted of an appeal against a decision of Mr Recorder Barrie, wherein he had awarded the injured claimant £12,800 for loss of “future earning capacity”, together with an additional £10,000 for “Smith v Manchester damages”.
Smith v Chief Constable of Sussex Police [2008] EWCA Civ 39 - Rosa Dickinson, St Philip’s Chambers
A victim of an attack successfully appealed against the striking out of his claim against the police on the basis of the principle laid down in Hill.
Medico-Legal Articles, Edited by Dr Hugh Koch
Psychological well-being and quality of life in women with potential or suspected Hepatitis C Virus Infection - Hugh Koch
Implications for Psychological Assessment in Medical Negligence and Hospital accidents.
Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn
R (Warren) v HM Assistant Coroner for Northampton [2008] EWHC 966 (Admin), 29 April 2008 - Bridget Dolan, 3 Serjeants’ Inn
An inquest may require independent expert evidence as to appropriate professional standards in order to comply with the procedural obligations of Article 2 ECHR
Mediation & ADR Articles, Edited by Justin Patten, Human Law
Mediation in Personal Injury 2008 Update - Margaret Mervis, Mediation Solutions
Are we at last seeing a new dawn for mediation in the area of personal injury litigation?
Charon QC
Charon QC, Apr 2008
Shepherd’s pie does not need layer of tomatoes on top… official
30 November 2009 - Industry News
Telegraph
”Cash for crash” fraudster jailed for 4½ years…
Manchester Evening News
10-year-old boy awarded £7.1M over medical negligence at birth…
Independent
New laws on tipping come into force…
BBC
Ministry of Justice warns of scam telephone calls…
Ministry of Justice
Barrister sues Chambers for discrimination…
Telegraph
29 December 2006 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner
LAW JOURNAL
EditorialPersonal Injury Articles
The House of Lords gets to grips with PUWER - Niazi Fetto, 2 Temple Gardens
In Robb v Salamis (M & I) Ltd [2006] UKHL 56, the House of Lords for the first time gave detailed consideration to the Provision and Use of Work Equipment Regulations 1998. Their conclusions impact not only the interpretation and application of those Regulations, but also of a broad range of health and safety legislation.
Tainted by fraud arguments - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House & Aidan Ellis, 1 Temple Gardens
It seems to many odd that a party to a contract might have the whole of a claim under that contract dismissed for breach of a term of the contract; often a misrepresentation about the risk to underwriters at the proposal of the policy, or falsification or exaggeration within the process of a claim itself, even if...
Nuisances upon the highway and successfully recovering damages - Nigel Edwards, Exchange Chambers
This Article concerns the legal position where vehicles and/or persons are damaged and/or respectively suffer injury as a result of an obstruction upon the highway.
The Animals Act claims another judicial victim: Clark v Bowlt [2006] EWCA Civ 978 - Tim Petts, 12 King’s Bench Walk
The Animals Act 1971 has a well-deserved reputation as one of the less coherent drafted statutes in the personal injury world. The House of Lords attempted to clear up confusion in Mirvahedy v Henley [2003] 2 AC 491, but claims brought under the Act are still not the easiest to understand. The Lord Chief Justice himself said...
Limitation periods: two recent cases - Duncan McNair, Equity House
For a personal injury action, the limitation period starts to run at either the date the cause of action accrued, or the date of knowledge of the claimant (s. 12 Limitation Act 1980). The date of knowledge is defined by s. 14(1) as the date the claimant knew...
Clinical Negligence Articles
Going Down, Going Down, Going Down: WBA v El-Safty revisited in the Court of Appeal - Richard Booth, 1 Crown Office Row
It could be said that this has not been a great year for English football. Arsenal’s defeat (with an almost entirely non-English squad) in the European Cup Final to Barcelona was followed soon after by the crushing disappointment of yet another quarter final exit on penalties for the national team in the World Cup...
Medico-Legal Articles, Edited by Dr Hugh Koch
Employment Stress and DSM IV Psychological Disorders - Hugh Koch, Hugh Koch Associates
A structural way of categorising employment-related psychological disorders was highlighted as being crucial to reliably and validly identify the extent and severity of work-related adverse events (Koch + Bracey, 2006).
31 May 2008 - Industry News
Bank charges held to be subject to Unfair Contract Terms legislation...
CPD Webinars
Scottish Government to act to make pleural plaques actionable...
Scottish Government
Sisters lose human rights appeal over Inheritance Tax...
Times
Employment Tribunal finds that baldness is not a disability...
BBC
![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)
