Category Avoiding negligence claims

DOES COSTS BUDGETING APPLY TO A FATAL ACCIDENT CLAIM WHERE A CHILD IS A DEPENDANT? SOME MORE DETAIL

Over the weekend I heard two speakers on costs budgeting mention my view that costs budgeting may not now apply to fatal accident claims where children are dependants.  Given the potential significance of this, it is worth expanding my concerns. THE NEW RULE The new rules came into force on the 6th April 2016. EXEMPTION FOR […]

IN-HOUSE COURSES ON WITNESS STATEMENTS AND CIVIL PROCEDURE

In response to several e-mails over recent months I have prepared two courses, available in-house only: one on drafting witness statements, the other on “avoiding procedural pitfalls”. WITNESS STATEMENTS “Too often (indeed far too often) witnesses who have had statements prepared for them by solicitors tell the Judge that matters in the statement are not […]

LITIGATION AND WORKLOAD 3: INSURERS

The first post in this series on litigators and workload got an (unexpected) amount of attention.  As part of the series I want to look at one often overlooked, but crucial, part of the litigation chain, insurers. In particular claims handlers.  Judging by the evidence from recent cases it appears that they are not only […]

SECTION 33: CERTAIN FALLACIES DISPLACED

Each application under s.33 of the Limitation Act 1980 is, of course, unique. It is interesting, however to examine the decision of Her Honour Judge Walden Smith (sitting as a High Court judge) in Sanderson -v- City of Bradford City Council [2016] EWHC 527 (QB). Not least it eliminates one, still widely peddled, fallacy about […]

LITIGATORS, LITIGATION AND THE APPROPRIATE CASE LOAD 2: “IT’S NUTS”

I had no idea that the earlier post on a litigator’s case load would receive such a large response and have many hundreds of people reading it within hours (it was posted on a Sunday remember). Most of the response came on twitter.  One response was (somewhat wryly) that there was a mis-assumption that lawyers […]

LITIGATION: WHAT IS AN APPROPRIATE CASE LOAD AND IS IT IMPORTANT?

I have been planning to write on litigators’ workloads for a considerable time. It is an important issue and, as far as I can tell, very little is written about it.  The issue is a fundamental one. What is the appropriate number of cases for a litigator to be handling at any one time to […]

APPROVAL HEARINGS: CLAIMANTS SHOWING ADVICES TO THE DEFENDANT: A VERY PECULIAR PRACTICE

This is a post inspired by a twitter conversation.  It started as a general issue about children and approval hearings. During the course of the discussion it became clear that there were some claimant solicitors who as a matter of course would disclose the advice on settlement to the defendant. It went further some defendants request […]