Monthly Archives: September 2013

WITNESS STATEMENTS IN A SPECIFIC CONTEXT: ACCIDENTS AT WORK AFTER 1st OCTOBER 2013

A fundamental change in the law relating to breach of statutory duties and civil liability means that greater consideration will need to be given to drafting witness statements.   I have prepared an article on this at http://accidentsatworkaftertheerra.wordpress.com/2013/09/30/witness-statements-and-workplace-accidents-after-the-1st-october-2013/ Some of the points may be of interest to non-personal injury lawyers.

NEW BLOG ON ACCIDENTS AT WORK AFTER 1st OCTOBER 2013

I have started a new blog on the effect of effects on accidents on work after the Enterprise and Regulatory Reform Act 2013. The Act abolishes civil liability for breach of statutory duty (with one limited exception).  The blog is not about civil procedure, but some posts will deal with pleading and disclosure after the Act […]

RELIEF FROM SANCTIONS AND COSTS BUDGETING: THE JUDGMENT IN MITCHELL -v- NEWS GROUP NEWSPAPERS IN FULL

The full transcript of the decision of Master McCloud    in Andrew Mitchell MP –v- Express Group Newspapers [2013] EWHC 2355 (QB) is now available. The case was discussed, in outline in an earlier post,  https://civillitigationbrief.wordpress.com/2013/08/11/litigatorswant-to-work-for-nothing-then-dont-file-your-costs-budget-on-time/  but that was on the basis of press reports and not the full judgment.   THE FACTS The action is […]

ACCIDENTS ABROAD AND THE FOREIGN LIMITATION PERIODS ACT: AVOIDING NEGLIGENCE CLAIMS 5

  It is easy to assume that every jurisdiction has a limitation period of three years. However when an accident happens abroad the Foreign Limitation Periods Act 1984 provides that the relevant limitation period is the period that prevails in the country where the accident occurred. The English courts may have jurisdiction to hear the […]

TROUBLE AT SEA: LIMITATION PERIODS AND WATER TRAVEL: AVOIDING NEGLIGENCE 4

We continue the examination of limitation periods that are not necessarily three years. Accidents that happen at sea, or on water generally, can be subject to different limitation periods and, normally, a two year limitation period applies.   TWO YEAR PERIODS WHEN AN ACCIDENT IS CAUSED BY A COLLISION IN THE COURSE OF NAVIGATION Where […]

DO YOU NEED LETTERS OF ADMINISTRATION TO ISSUE ON BEHALF OF AN ESTATE?

A recent e-mail enquiry has led to my considering the issue of the right to issue proceedings on behalf of the estate of someone who died intestate.   The solicitor wanted to bring an action for personal injury on behalf of the estate in a case where the claimant had died for reasons not related to […]

AVIATION AND LIMITATION: 10 QUESTIONS EVERY PERSONAL INJURY LITIGATOR SHOULD ASK

A tweet  on the 8th October 2013 read:  “PI Claim struck out because Montreal Convention pleaded instead of Warsaw Convention.” (The case in question is reported in detail by Jasmine Murphy on the Hardwicke Chambers website.) This reiterates the points made in in the post of “Aviation and the Really Vicious Limitation Period”* https://civillitigationbrief.wordpress.com/2013/07/30/aviation-and-the-really-vicious-limitation-period-how-not-to-get-sued-3/  THE […]