Category Personal Injury

LIMITATION AND DATE OF KNOWLEDGE: NO SPECIAL RULE BECAUSE THE CLAIMANT WAS A SOLICITOR

I am grateful to Thomas Jervis of Leigh Day for sending me a copy of the judgment of Mr Justice Goss in Lewin -v- Glaxo Operations UK Limited [2016] EWHC 3331 (QB), an interesting decision in relation to limitation. (A copy of the case is available here lewin) KEY POINTS The claimant had suffered late onset […]

UNDUE HARDSHIP AND THE FOREIGN LIMITATION PERIODS ACT

The Foreign Limitation Periods Act 1984 is one of those matters that litigators must always have at the forefront of their mind when dealing with any matter that has a foreign connection.  The stringent nature of the Act is made clear in the judgment of Mr Justice Wilkie in KXL -v- Murphy [2016] EWHC 3102. […]

“FUNDAMENTAL DISHONESTY” A ROUND UP OF CASES & COMMENTARY

The earlier post on the procedural aspects of “fundamental” dishonesty led to the most visitors to the blog in a weekend ever.  Here we look at posts, articles, comments and cases in relation to the concept of fundamental dishonesty. REPORTED CASES ON FUNDAMENTAL DISHONESTY The cases to date have been at first instance. We are […]

LETTERS OF EXPLANATION NOT GOOD ENOUGH: SOLICITOR SHOULD HAVE EXPLAINED MATTERS TO THE CLIENT: COURT OF APPEAL UPHOLD DECISION ON SOLICITOR’S NEGLIGENCE

In Procter -v- Raleys Solicitors [2015] EWCA Civ 400 the Court of Appeal upheld a decision at first instance that a failure to give an oral explanation to a client was negligent.  The solicitors could not simply rely on standard form letters. THE CASE The defendant had acted for the claimant in an action under […]

CHANGES TO THE PRE-ACTION PROTOCOLS THAT WE KNOW ABOUT: LOW VALUE ROAD TRAFFIC ACCIDENTS

Important changes have been made to the Pre-Action Protocols which came into force yesterday. At the moment the whereabout of the the Protocols is a mystery in that they have not been published generally. However there are some changes to the Low Value Personal Injury Claims RTA Protocol. THE PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL […]

PERCENTAGE COSTS ORDERS AFTER A CLAIMANT BEATS THEIR OWN PART 36 OFFER: A HIGH COURT DECISION

In Webb -v- Liverpool Womens’ NHS Foundation Trust [2015] EWHC 449(QB) HH Judge Saffman (sitting as a High Court Judge) considered the consequences where a claimant had beaten their own Part 36 offer at trial. THE CASE After a trial on liability and causation the judge decided that the defendant had been negligent in the […]

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 […]