Monthly Archives: March 2015

HAYWARD MAY HAVE BEEN WAYWARD BUT THERE WAS NO LOOKING BACKWARD: SETTLED CLAIM NOT RE-OPENED

In Hayward -v- Zurich Insurance Company PLC [2015] EWCA Civ 327 today the Court of Appeal overturned a decision that a claimant should repay a large part of a personal injury award from an earlier settled action.  This decision makes it very difficult for defendants to reopen settled cases. THE CASE The claimant had been […]

LAY EVIDENCE AND EXPERT EVIDENCE IN CLINICAL NEGLIGENCE: MORE IS NOT ALWAYS BETTER

In Wake -v- Johnson [2015] EWHC 276(QB) HH Judge Collender QC (Sitting as Judge of the High Court) conducted a critical analysis of the lay evidence and expert evidence when dismissing a clinical negligence claim against a GP.  There are important lessons, particularly in relation to witness evidence in clinical negligence cases. THE CASE The […]

SIGNING DISCLOSURE STATEMENTS? REMEMBER YOU CAN GO TO PRISON: OTKRITIE CONSIDERED

In Oktritie International -v- Gersamia and Jemai [2014] EWHC 821 (Comm) a respondent to the action was sentenced to 20 months imprisonment.  Part of that committal was relating to forgery. However important observations were made about the disclosure statement. THE SIGNIFICANCE OF THE  DISCLOSURE STATEMENT Part of the motivation for this post relates to an […]

TROUBLESOME BUNDLES YET AGAIN: MR JUSTICE EDER SPEAKS OUT ON WASTEFUL BUNDLES IN THE COMMERCIAL COURT

The question of bundles was raised by Mr Justice Eder in Taberna Europe -v- Selskabet [2015] EWHC 871 (Comm).  This is hardly a new complaint and appears across the board in all jurisdictions. (There are now 16 posts on this blog just about bundles [see below]. The post on bundles “Sedley’s Laws” remains the most […]

THIRD EDITION OF APIL GUIDE TO FATAL ACCIDENTS AVAILABLE TO ORDER

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
The third edition of the APIL Guide to Fatal Accidents is now available to order.  WHAT THE BLURB SAYS “The APIL Guide to Fatal Accidents, now in its third edition, provides practical advice on how to run a case involving a fatal accident and how…

ADJOURNMENT GRANTED WHEN MEDICAL EXPERT “UNABLE” TO ATTEND: BETTER EVIDENCE NEEDED IN FUTURE

In D -v- the Secretary of State for Health [2015] EWHC 867(QB) Mr Justice Foskett granted the claimant when an important expert was unable to attend for somewhat unusual reasons. The judgment was designed to set out clear guidance for those contemplating making applications for adjournments in similar circumstances.  However the need for clear and […]

WHY YOUR WITNESS STATEMENTS SHOULD BE MADE IN CHELSEA: MAKING FIRST HAND STATEMENTS AVOIDS PENALTIES

The post earlier this week in relation to the need for full disclosure on without notice injunctions also highlighted the need for first hand evidence. There are real dangers when a solicitor signs a witness statement. That principle was highlighted by Mr Justice Tugendhat in John Terry -v-Persons Unknown [2010] EWHC 119 (QB). THE CASE The […]