Tag Archives: Personal Injury

REVISITING COMPLIANCE WITH A PEREMPTORY ORDER AFTER TRIAL: LIES ARE FOUND OUT AND ACTION DISMISSED

I am grateful to Jeff Turton of Weightmans for sending me a copy of the transcript in the case of Anward -v- Severn Trent Water Ltd (13th July 2015).  Abid Anwar – Full Judgment It raises an interesting and important point on whether, if the court finds that the claimants have lied to avoid the effect […]

LIMITATION AND THE DATE OF KNOWLEDGE: WHAT IS MEANT BY “SIGNIFICANT”?

In Summers -v- The City and County of Cardiff [2015] EWHC 3066 (QB) Mr Justice Hickinbottom considered what was meant by “significant” in s.14(1) of the Limitation Act 1980. “The test for “significance” of injury is one of quantum alone, and does not invite consideration of the cause or nature of the injury …. But, […]

THE DATE OF KNOWLEDGE AND SECTION 33: A CASE THAT CLINICAL AND PROFESSIONAL NEGLIGENCE LAWYERS PROBABLY NEED TO READ

In Rayner -v- Wolferstans & Medway NHS Foundation Trust [2015] EWHC 2957 (QB) Mr Justice Wilkie carried out a comprehensive review of the law relating to date of knowledge and Section 33 of the Limitation Action 1980.  It also touches on the limitation period in professional negligence claims. It is a case where the claimant’s […]

BANKRUPTCY AND THE PERSONAL INJURY LITIGANT: 10 KEY POINTS

The post about Eatons -v- Mitchells & Butler PLC led to some interesting discussions and raises some important issues. The claimant had been made bankrupt after he was injured. His lawyers overlooked this, issued proceedings, succeeded in a trial on liability and obtained interim payments. The action then came within a whisker of being struck […]

SETTING OFF INTEREST AGAINST AN INTERIM PAYMENT: A HIGH COURT DECISION

The judgment of Mrs Justice Cox in Manna -v- Central Manchester University Hospitals NHS Foundation Trust [2015] EWHC 2279 (QB) is a veritable goldmine for anyone who writes about civil procedure or personal injury damages.  One of the, many, issues considered in the judgment issue of whether  an interim payment  in a personal injury case […]

DATE OF KNOWLEDGE AND SECTION 33 IN SEXUAL ABUSE CASES: A HIGH COURT DECISION

In A -v- The Trustees of the Watchtower Bible and Tract Society [2015] EWHC 1722 (QB) Mr Justice Globe considered the issue of the date of knowledge under s.14 of the Limitation Act 1980 and also stated that, had it been necessary, he would have exercised his discretion under Section 33 of the Limitation Act […]

COSTS AFTER VARIATION OF A PART 36 OFFER TO BE LESS ADVANTAGEOUS TO THE RECIPIENT: BURRETT -v- MENCAP CONSIDERED

The decision of District Judge Ackroyd in Burreett -v- Mencap Ltd (14th May 2014) was reported on Lawtel earlier this week and is available on Bailli. It contains an important lesson to both defendants and claimants as to costs when a Part 36 offer is varied downwards.  However it could actually turn out to be […]