THE MULTI-NATIONAL ASBESTOS CLAIMANT

Size: px
Start display at page:

Download "THE MULTI-NATIONAL ASBESTOS CLAIMANT"

Transcription

1 THE MULTI-NATIONAL ASBESTOS CLAIMANT DAVID PLATT David specialises in all forms of industrial and occupational disease, in particular: stress at work; COSHH and environmental exposure claims; asbestos cases; dermatitis; VWF; upper limb disorder litigation; cancer, radon and deafness claims. He undertakes all aspects of personal injury work and acts for both claimants and defendants. He has undertaken ground breaking work in passive smoking and toxic mould claims. As well as rail, road traffic and general employer liability work, he also advises in cases of utmost severity and on local authority liability. He undertakes related employment, ET and discrimination claims. He is also involved in insurance disputes, and advises upon linked policy and trigger claims. He is rated as a leading junior by Chambers & Partners, the Legal 500 & Legal Experts. 1. In an increasingly globalised world, it is scarcely any surprise that litigants and litigation have assumed greater international dimensions. Disease work is no exception. The consequences of workplace and environmental exposure to asbestos have proved to be a worldwide phenomenon, with the U.S. and U.K. in particular having high volumes of claims and substantial pressure imposed upon the insurance market and employers as a consequence. 2. As labour markets become mobile, it will become more common for litigants to pursue claims in more than one jurisdiction. The most obvious and immediate inter-jurisdictional issues may arise between claimants employed both north and south of the Scottish border. A number of

2 cases have and will continue to be brought with differential exposures within the European Union. Beyond Europe, and for reasons of culture, language and history, it is the United States which perhaps offers the most likely source of inter-jurisdictional disease claims. 3. The purpose of this article is not to set out academic guidance on the appropriate country in which such multi-national litigants should bring such claims. These are complex questions which often arise and which will be the subject of separate discussion. It has to be said that most of these claims are accident rather than exposure claims, and as such tend to involve claimants of one nationality being injured in the country of another (e.g., British citizens injured or killed in a road traffic accident in Spain). This article will examine one particular aspect relevant to disease litigation in relation to "multi-national litigants" and specifically the damages they may recover in England. It arises from a recent claim in the Royal Courts of Justice which was settled on the day of trial (6 th March 2007). The Claim in Hutchinson v. Brigham & Cowan 4. Mr. Hutchinson was born in England and worked in a number of ship repairing and construction-related industries between 1950 and He was exposed to asbestos during the course of these employments by a number of different defendants, and no issue existed on liability. 5. The unusual feature about this case was that Mr. Hutchinson left the United Kingdom and went to live permanently in the United States in Between 1969 and 1988 Mr. Hutchinson was again exposed to asbestos in a number of employments all located in the U.S. State of Massachusetts. Sadly Mr. Hutchinson developed symptoms of what was subsequently diagnosed to be mesothelioma in At the date of trial, Mr. Hutchinson was

3 a living claimant resident in the United States- but underlying the proceedings was the usual and pessimistic prognosis afforded to such a diagnosis. 6. Mr. Hutchinson commenced proceedings in both the U.S. State of Massachusetts and in England at about the same time. He wrongly failed to tell the defendants in either jurisdiction that he was litigating in the other, and the matter only came to light because of a chance conversation with the solicitor instructed by the English defendants (Berrymans Lace Mawer). 7. The U.S. proceedings had been commenced against 62 named manufacturers of products containing asbestos which had been used by the claimant during the course of his U.S. employment. A U.S. litigant will ordinarily adopt this route as there is no employer liability litigation in the United States given the operation of the statutory Workers Compensation System. In contrast, his litigation in the UK was the standard employers liability claim (against initially 5 defendants) with which the industry has become familiar. 8. Mr. Hutchinson successfully negotiated a compromise of the U.S. proceedings in the Massachusetts Court in the sum of $800,000. That sum was inclusive of costs, as U.S. judgments do not contain a separate settlement of costs in the litigation. It was the claimant's case that in order to obtain a settlement in this sum, he had effectively to give credit for the period of UK exposure. The concern of his U.S. attorneys was that the U.K. exposure could have led to a finding that it was this exposure which was the culpable and causative basis for his mesothelioma and not the exposure in the U.S.. Given that the exposure period in the U.S. and U.K. were approximately comparable (at 19 years), it was suggested by the claimant that he had taken a discount of some 50% to reflect this risk. As such, he claimed that he had

4 not been compensated for U.K. exposure because the U.S. proceedings did not deal with these consequences. 9. When the claim came before Master Whitaker in the Royal Courts of Justice in November 2006, he ordered a preliminary trial of the issue which the U.S. proceedings had created namely what account was to be taken in the English proceedings of the settlement in the U.S. proceedings of $800, The claimant's case was that only partial credit should be given for the U.S. damages. Clearly, if full credit needed to be given for $800,000 in the English court, this would entirely extinguish any personal injury claim which he might have. 11. Two important initial points need to be made. This was a claim involving several or concurrent tortfeasors i.e., there were different causes of action (i.e. product liability in the U.S. and employers liability in the U.K.) but the damage was the same (namely mesothelioma and its concomitant consequences). Different rules will apply where the claimant seeks to litigate the same cause of action against the same defendants in two different jurisdictions. In general the courts are much more reticent about allowing such proceedings to be prosecuted. 12. Secondly, it is not controversial that, in general, where one has concurrent tortfeasors who have contributed to the same damage, any judgment received by one tortfeasor may be set off against the damages payable by another. Clearly there may be issues of contribution recovery as between defendants, but the principle rule is that the claimant can recover no more than his loss from any of the defendants.

5 13. However the issues in the case were not so straightforward. The first question was whether it was the headline judgment award or the settlement sum (i.e. the $800,000) which was set off against the English award- or whether it is the amount which the claimant had actually received by way of payment under the obligation which was the determinative set off figure (and by the time of trial this was something of the order of half of this settlement sum). The answer is the latter, and this has important consequences when considering how tactically to deal with such matters. 14. That it is the damages actually received which must be set off appears to be the inevitable consequence of the decisions in Morris v. Baron and Co. [1918] A.C. 1, 35; and Jameson v. C.E.G.B. [2000] 1 A.C. 455, 480. A claimant must actually have received the damages for another concurrent tortfeasor to be able to set off such a sum against the claimant's loss, and a litigant can in theory litigate against various concurrent defendants until he receives satisfaction by way of his damages 1. A judgment alone is not sufficient on the presumption that such a judgment may not be satisfied by an impecunious defendant. This may lead to the curious position in international litigation of this type where (as here) the U.S defendants payments were gradually reducing the liability of the U.K. defendants (as the $800,000 settlement was followed by the U.S. receipts being received on a cumulative and piecemeal basis over a number of months). Accordingly and arguably, the extent of the U.K defendants' liabilities was determined by timescale and not by any principle considerations of law or liability. 1 But subject to issues over costs and some statutory controls such as Section 4 of the Civil Liability (Contribution) Act 1978.

6 15. On the basis of these authorities, it was accepted by both parties that in order to set off any sums against a concurrent tortfeasor it was necessary for sums to have been in fact received from the other tortfeasors. However a number of other issues were hotly contested. 16. The case for the claimant may be summarised as follows: (a) That he was only obliged to set off 50% of received U.S. damages against any English award because the U.S. proceedings had not involved any compensation for U.K. exposure, and had reduced the U.S. award (as above). (b) That if the claimant was wrong on this, then he should only be obliged to offset such heads of damage as were recoverable both in the U.S. and in England. One example of a head of damages which was recoverable in England but not in Massachusetts was the concept of "the lost years", where a litigant can recover for such income as he would have received had his life expectancy not been diminished by reason of the tortious conduct of the defendant. (c) That given that the U.S. settlement included costs as a component part of the award of $800,000, that the costs of the U.S. proceedings should be deducted from the award of $800,000 before any sums were offset against the English award. 17. The English proceedings had a total value which was put by the claimant at c. 275,000. In the event the preliminary issue listed before Eady J. was compromised as part of a settlement of the whole claim for a judgment sum of 47,000 plus an allowance as to the claimant's costs.

7 Discussion: 18. This is clearly a very low award in a mesothelioma case. It reflected litigation risk on both sides. It also reflected the fact that the claimant had not received anything like all of his U.S. damages by the time the preliminary issue was listed to be heard by the English court. 19. The defendants contended that all receipts from any litigation in any other jurisdiction relating to the same indivisible condition for which compensation was sought in England had to be offset against any award which the English court might make in satisfaction of the claimant's English cause of action. Although this argument was not tested before the Court, the defendants believe that their argument was a strong one, and that the settlement value reflected this. It is therefore worth setting out the principles behind such an argument for use in other cases: 20. Damages as compensation for a tort are only payable in monetary form, as this is the only basis upon which the English system operates. The purpose of an award of damages in an English court is to compensate the claimant in monetary terms for the damage and injury he has suffered. Inherent in that proposition is the principle that the loss is reducible to a lump sum which is deemed (however difficult it may seem) to be "compensation" which satisfies the tort. 21. Through a process of assessing component heads of claim, the Court evaluates that total level of compensation. It is the total and not the process by which it is arrived at or the heads of claim themselves which represent "compensation" for the purposes of discharging the tort. We can call that total compensation payment "X".

8 22. The purpose of the award of damages is to replace what the claimant has lost in accordance with the dictum of Lord Blackburn in Livingstone v Rawyards Coal Company (1880) 5 App.CAS.25 where he defined the measure of damages as: "That sum of money which will put the party who has been injured, or who has suffered, in the same position as he would have been in had he not sustained the wrong for which he is now getting his compensation or reparation". 23. The purpose of the award of damages is therefore compensation for the claimant. It is NOT to evaluate what the defendant ought fairly and reasonably to pay. That is a different proposition. 24. The claim for the contraction of mesothelioma and its subsequent effects has a monetary value which the English court regards as just compensation i.e., "X". For these purposes "X" is a fixed sum (although clearly different litigants in different circumstances would be awarded different figures representing "X"). 25. Once the claimant has been paid "X" he has no residual claim in the English courts, not least because he then has no "damage" and damage is an essential component of any cause of action in tort Where the damage is the same in both jurisdictions, and the loss is indivisible (as in mesothelioma in contrast to asbestosis or deafness claims), then an award in another jurisdiction must be offset in full when assessing damages in an English court. The English 2 Save for the few causes of action which are actionable per se such as trespass.

9 court is governed by its own rules as to what amounts to just compensation, as this is a matter of English law only As such [sic], there was no logical basis for deducting 50% from the claim, nor for trying to establish recoverable damages by virtue of a like-for-like comparison with the Massachusetts and English heads of claim. 28. There is almost no case law in this area. The one relevant authority of any direct applicability is Kohnke v. Karger [1951] 2 KB In Kohnke, the plaintiff was injured in France in a collision between a motor car (in which she was a passenger) and a lorry. She brought proceedings in France against the lorry driver and recovered damages. Later she also brought proceedings against the car driver in England and recovered additional damages given the different (and more generous) rules for the assessment of damages in England. The plaintiff did not dispute that she was obliged to give credit for the French damages in any English proceedings. Whilst the issue did not come up for direct consideration, nevertheless Lynskey J. remarked that "if I had to decide it, I should have thought that as her damages had been pro tanto satisfied by what she has already received, her damages must be reduced by that amount in her claim against the present Defendant". 30. This finds echo in the statement of principle in Clerk & Lindsell on Torts (19 th Edition) that: 3 The assessment of damages being a matter for the "lex fori", or the court where the determination of damages is undertaken. 4 Which seems to have been approved by Lord Clyde in Jameson v. CEGB (ibid).

10 Where there are separate causes of action against different defendants for the same damage, a judgment obtained against one of them in a foreign court, even though satisfied, is not a bar to proceedings against the other for the same damage in courts of this country, save that the damages awarded to the claimant must be reduced by the amount by which they have been pro tanto satisfied by the foreign judgment. 31. The upshot of the above is that an English defendant should be able to offset such damages as a claimant has received in other jurisdictions against any claim brought in England providing the damage is the same and that the condition for which damages is sought is indivisible. Clearly the position with apportionable diseases will be different as distinct and separate damage will have been caused in the two jurisdictions subject to arguments over any overlap. The attempt to apportion the U.S. damages in a mesothelioma claim is akin to reinventing the decision in Barker and would in any event be arbitrary given the jury based system for deciding damages in the U.S This set off principle also leads to a number of tactical and somewhat anomalous considerations in claims involving such multi-national litigants: (a) It is clearly important with a claimant who has lived for a substantial period in another jurisdiction (particularly in the U.S. with their more generous scheme of damages) to determine whether they have commenced proceedings in another country and received an award or settlement in damages. (b) Where they have done so, the important figure to look at is the level of receipts and not the total notional sum of the award or settlement. This may lead to curious consequences

11 where the defendants' liability disappears by the effluxion of time and the activity of third party concurrent tortfeasors rather than by anything which is done or decided in this country. (c) Given that it is uncertain that concurrent tortfeasors in another jurisdiction can commence contribution proceedings in this country and/or there are substantial difficulties if they wish to do so, it is clearly in the interest of the English defendants to await developments in the other jurisdiction (whether that be Scotland or the United States) with a view to diminishing their liability in the litigation as a whole. Clearly this anomaly does not arise in proceedings where all the concurrent tortfeasors are capable of being sued in England, as contribution proceedings between such parties are a regular part of disease and asbestos litigation. 33. There are therefore a number of lessons to be learnt from litigation such as the Hutchinson case. For once, the rather irregular U.S. system of assessing damages in the U.S. courts may be a positive benefit to UK insurers, employers and policy holders. However (as can be seen from what is said above) it also contains a number of traps for the unwary. Doubtless aspects of this problem will be the subject of further litigation in due course. David Platt 7 th March 2007

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Kennedys advocates the repeal of Amendments 132AA and 132AB added to the Legal Aid, Sentencing

More information

POLICY TRIGGERS, APPORTIONMENT AND ALLOCATION. Leigh-Ann Mulcahy QC. Introduction

POLICY TRIGGERS, APPORTIONMENT AND ALLOCATION. Leigh-Ann Mulcahy QC. Introduction POLICY TRIGGERS, APPORTIONMENT AND ALLOCATION Leigh-Ann Mulcahy QC Introduction The EL Policy Trigger Litigation (Durham v BAI (2012)) EL Apportionment Uninsured periods and solvent employers Allocation

More information

Disease: solving disputes post 1 April 2013

Disease: solving disputes post 1 April 2013 Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due

More information

Assessing Damages Under Section 151Z: An Interaction of Schemes

Assessing Damages Under Section 151Z: An Interaction of Schemes Assessing Damages Under Section 151Z: An Interaction of Schemes Andrew Parker Barrister Henry Parkes Chambers Ty Hickey Barrister State Chambers 1 Calculating damages under s 151Z(2) of the Workers Compensation

More information

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland March 2012 Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation

More information

STUC Response to the Scottish Government s Making Justice Work - Courts Reform (Scotland) Bill May 2013

STUC Response to the Scottish Government s Making Justice Work - Courts Reform (Scotland) Bill May 2013 STUC Response to the Scottish Government s Making Justice Work - Courts Reform (Scotland) Bill May 2013 Introduction The STUC is Scotland s trade union centre. Its purpose is to co-ordinate, develop and

More information

Personal Injury Claims

Personal Injury Claims Dawn Cardwell - dcardwell@hamers.com Robert Holroyd - rholroyd@hamers.com Jeremy Rea - jrea@hamers.com Paul Richardson - prichardson@hamers.com Jim Wyatt - jwyatt@hamers.com Freephone: 0800 591 999 5 Earls

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

Reform to Lost Years Damages in Mesothelioma Claims

Reform to Lost Years Damages in Mesothelioma Claims Reform to Lost Years Damages in Mesothelioma Claims September 2008 Neil Fisher and Kevin Johnson John Pickering and Partners LLP Email: kj@johnpickering.co.uk 19 Castle Street Liverpool L2 4SX Tel: 0151

More information

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 1 LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 EXPLANATORY NOTES GENERAL OUTLINE OBJECTIVES OF THE LEGISLATION The purpose of this Bill is to address the impact of the decision of the High

More information

CHAPTER 16 THIRD PARTY / OUT-OF-PROVINCE CLAIMS

CHAPTER 16 THIRD PARTY / OUT-OF-PROVINCE CLAIMS CHAPTER 16 THIRD PARTY / OUT-OF-PROVINCE CLAIMS #110.00 INTRODUCTION A worker who suffers injury or disease as a result of employment may be entitled to compensation from sources other than the Workers

More information

Civil Liability and Other Legislation Amendment Bill 2009

Civil Liability and Other Legislation Amendment Bill 2009 Civil Liability and Other Legislation Amendment Bill 2009 Explanatory Notes Objectives of the Bill The objective of the Civil Liability and Other Legislation Amendment Bill 2009 is to improve the civil

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

scrutiny: Essential Guide to CRU Benefits and Appeals

scrutiny: Essential Guide to CRU Benefits and Appeals scrutiny: Essential Guide to CRU Benefits and Appeals Introduction In writing this guide, we had in mind a broad spectrum of readers from the novice (for whom some of this may be new) through to the more

More information

Your Guide to Asbestos Related Disease Claims

Your Guide to Asbestos Related Disease Claims Your Guide to Asbestos Related Disease Claims www.colemans-ctts.co.uk enquiries@colemans-ctts.co.uk 100 Talbot Road, Stretford, Manchester M16 0PG 1-3 Union Street, Kingston-Upon-Thames, Surrey KT1 1RP

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

FACT PATTERN ONE. The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308

FACT PATTERN ONE. The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308 FACT PATTERN ONE The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308 The infant plaintiff developed a large blood clot in his brain at some time either before or during the

More information

Damages (Asbestos-related Conditions) Bill

Damages (Asbestos-related Conditions) Bill Research and Library Service 13 January 2010 Damages (Asbestos-related Conditions) Bill NIAR 644-10 This paper provides an overview and discussion of the Damages (Asbestos-related Conditions) Bill. Paper

More information

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS 1 Interpretation 2 Savings 3 Apportionment of liability where contributory negligence 4 Defence of common employment abolished

More information

ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill

ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill The Associated Society of Locomotive Engineers and Firemen (ASLEF) is the UK s largest train driver s union representing approximately

More information

THE FIRTH V SUTTON DECISIONS

THE FIRTH V SUTTON DECISIONS THE FIRTH V SUTTON DECISIONS Introduction In professional negligence proceedings against a solicitor, the court s aim is to determine what amount of money would put the plaintiff in the position he would

More information

Short Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013

Short Form CFA based on APIL/PIBA 9 for personal injuries and clinical negligence claims from 1.10.2013 LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

the compensation myth

the compensation myth the compensation myth The Compensation Myth It is common to hear stories of the Compensation Culture or claims that Britain is becoming Risk Averse as a result of people claiming compensation. The truth

More information

The New CFA and DBA Regime. Simon Edwards

The New CFA and DBA Regime. Simon Edwards The New CFA and DBA Regime Simon Edwards CFAs post 1 April 2013 Section 58A (6) Courts and Legal Services Act 1990 (CLSA) provides that a costs order made in proceedings may not include provision requiring

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

DEALING WITH INTERNATIONAL PERSONAL INJURY CLAIMS KATHERINE ALLEN IRWIN MITCHELL SOLICITORS

DEALING WITH INTERNATIONAL PERSONAL INJURY CLAIMS KATHERINE ALLEN IRWIN MITCHELL SOLICITORS DEALING WITH INTERNATIONAL PERSONAL INJURY CLAIMS KATHERINE ALLEN IRWIN MITCHELL SOLICITORS Acting for clients who have been injured in accidents abroad can be immensely challenging and complex. There

More information

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13, SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 April 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse mesothelioma.)

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

Asbestos Disease Claims

Asbestos Disease Claims Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.

More information

Simon has been identified as a Leading Junior in Personal Injury work in each year since 2002.

Simon has been identified as a Leading Junior in Personal Injury work in each year since 2002. Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Professional Liability PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com T:

More information

Conditional Fee Arrangements, After the Event Insurance and beyond!

Conditional Fee Arrangements, After the Event Insurance and beyond! Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional

More information

El Trigger Litigation. Note on Judgment from the Supreme Court. 28 March 2012. (or All s Well That Ends Well )

El Trigger Litigation. Note on Judgment from the Supreme Court. 28 March 2012. (or All s Well That Ends Well ) El Trigger Litigation Note on Judgment from the Supreme Court 28 March 2012 (or All s Well That Ends Well ) Background: 1. The Supreme Court heard the case between 5 th and 15 th December 2011. The Court

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos Justice Committee Courts Reform (Scotland) Bill Written submission from Clydeside Action on Asbestos In our view, the Court of Session should deal only with most complex and important cases and that most

More information

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS STATES OF JERSEY r DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS 201- Lodged au Greffe on 13th December 2012 by the Minister for Health and Social Services STATES GREFFE

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Expert. Clear. Professional.

Expert. Clear. Professional. Expert. Clear. Professional. PROFESSIONAL NEGLIGENCE CLAIMS STREAMLINE SERVICE SMALL CLAIMS AND STREAMLINE SERVICES Bringing a claim in professional negligence can be expensive. We want to make sure we

More information

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland Introduction As the representative body of Scotland s trade unions, STUC is keenly interested in ensuring that its affiliated

More information

SMOOTHING THE ROUGH JUSTICE OF THE FAIRCHILD PRINCIPLE. (Published in (2006) 122(4) Law Quarterly Review 547-553)

SMOOTHING THE ROUGH JUSTICE OF THE FAIRCHILD PRINCIPLE. (Published in (2006) 122(4) Law Quarterly Review 547-553) SMOOTHING THE ROUGH JUSTICE OF THE FAIRCHILD PRINCIPLE (Published in (2006) 122(4) Law Quarterly Review 547-553) THE long-awaited decision of the House of Lords in Barker v Corus (UK) Plc. [2006] UKHL

More information

RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) THE SCOTTISH GOVERNMENT CONSULTATION PAPER-

RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) THE SCOTTISH GOVERNMENT CONSULTATION PAPER- RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) TO THE SCOTTISH GOVERNMENT CONSULTATION PAPER- Partial Regulatory Impact Assessment on a Proposed Bill to Reverse House of Lords Judgement in Johnston

More information

ACCIDENT BENEFIT CONTINGENCY FEE RETAINER AGREEMENT

ACCIDENT BENEFIT CONTINGENCY FEE RETAINER AGREEMENT ACCIDENT BENEFIT CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is B E T W E E N : Bogoroch & Associates LLP Sun Life Financial Tower 150 King Street West, Suite 1707 Toronto,

More information

Consultation Document. Reducing the number and costs of whiplash claims. Response from:

Consultation Document. Reducing the number and costs of whiplash claims. Response from: Consultation Document Reducing the number and costs of whiplash claims Response from: British Vehicle Rental and Leasing Association River Lodge Badminton Court Amersham BUCKS HP7 0DD Tel: +44 1494 434747

More information

This is the author s version of a work that was submitted/accepted for publication in the following source:

This is the author s version of a work that was submitted/accepted for publication in the following source: This is the author s version of a work that was submitted/accepted for publication in the following source: Stickley, Amanda P. (2012) Long term exposure to asbestos satisfies test for causation. Queensland

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper

Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper 1. This is the response of the General Council of the Bar of England and Wales

More information

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG LC Paper No. CB(2)517/05-06(01) SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG 1. This is a submission of the Recovery

More information

C.M. Haughey Solicitors Compensation Guide

C.M. Haughey Solicitors Compensation Guide C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located

More information

John Greenway Baroness Turner Lord Brookman Lord Davies Lord Sheikh

John Greenway Baroness Turner Lord Brookman Lord Davies Lord Sheikh Subject: Compensation Bill new Clauses (re Asbestosis) Note of key matters: Attenders: Presenters APPG Others Justin Jacobs, Head of Liability, Motor & Risk Pricing at the ABI Graham Gibson, Director of

More information

1) Uninsured Loss Recovery An event causing damage to the insured vehicle and/or personal property in or on it

1) Uninsured Loss Recovery An event causing damage to the insured vehicle and/or personal property in or on it MOTORING LEGAL SOLUTIONS MCE ASSIST THIS IS YOUR INSURANCE POLICY This policy is evidence of the contract between you and the Insurer. Following an Insured Event the Insurer will pay the Insured s Legal

More information

ALERT U.K. EMPLOYERS LIABILITY A GUIDE INTERNATIONAL WHAT IS EMPLOYERS LIABILITY INSURANCE?

ALERT U.K. EMPLOYERS LIABILITY A GUIDE INTERNATIONAL WHAT IS EMPLOYERS LIABILITY INSURANCE? INTERNATIONAL ALERT September 2011 Issue 55 www.willis.com U.K. EMPLOYERS LIABILITY A GUIDE Most U.K. employers are required by law to insure against liability for injury or disease to their employees

More information

SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION

SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS NOVEMBER 2002

More information

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013 HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk

More information

Simon has been identified as a Leading Junior in Personal Injury work in each year since 2002.

Simon has been identified as a Leading Junior in Personal Injury work in each year since 2002. Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Professional Liability PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com T:

More information

CAUSATION AND LOSSES. Professor Lewis N Klar, Q.C.

CAUSATION AND LOSSES. Professor Lewis N Klar, Q.C. CAUSATION AND LOSSES Professor Lewis N Klar, Q.C. (Based on Klar, Tort Law, 4 th ed at 457-466, and Klar Causation And Apportionment of Losses, Alberta Court of Queen s Bench Conference, November 14, 2008)

More information

Compensation Claims. Contents

Compensation Claims. Contents Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL

More information

MWR Solicitors A legal guide HEALTH & SAFETY: Industrial diseases. Lawyers for life

MWR Solicitors A legal guide HEALTH & SAFETY: Industrial diseases. Lawyers for life MWR Solicitors A legal guide HEALTH & SAFETY: Industrial diseases Lawyers for life CONTENTS Time Limits 4 Foreseeable Risk of Injury 4 Asbestos-Related Disease 4 - A Brief Insight 4 - Overview 5 - Pleural

More information

EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES

EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES E P EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES If you have been involved in a Road Traffic Accident as a driver or passenger we hope

More information

He was a solicitor specialising in personal injury claims before transferring to the Bar.

He was a solicitor specialising in personal injury claims before transferring to the Bar. OLIVER MOORE CALL: 2005 SOL: 1998 "He is clever, thorough, very pragmatic and a good advocate." Chambers UK Email: oliver.moore@guildhallchambers.co.uk Tel: 0117 930 9000 Oliver is a barrister who specialises

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

Common law in the workers compensation setting

Common law in the workers compensation setting Briefing paper for SISA members February 2014 Contact: Robin Shaw, Manager Ph: 8232 0100 Fax: 8232 0113 Mobile: 0411 778 251 Contents Introduction... 1 Background... 2 Common law in the workers compensation

More information

Personal injury claims advice solicitors

Personal injury claims advice solicitors Personal injury claims advice solicitors If you've suffered an accident or a personal injury that wasn't your fault, you could be entitled to make a compensation claim. Millbank solicitors personal injury

More information

ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET

ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET NSW GOVERNMENT REVIEW OF THE DUST DISEASES CLAIMS RESOLUTION PROCESS ISSUES PAPER DECEMBER 2008 ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET Issues Paper: Review of the

More information

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of

More information

MIB Uninsured Agreement

MIB Uninsured Agreement MIB Uninsured Agreement THIS AGREEMENT is made on the 3rd July 2015 between the SECRETARY OF STATE ( the Secretary of State ) and the MOTOR INSURERS BUREAU ( MIB ), whose registered office is for the time

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1

More information

GUIDE TO PERSONAL INJURY TRUSTS

GUIDE TO PERSONAL INJURY TRUSTS GUIDE TO PERSONAL INJURY TRUSTS Your guide to Personal Injury Trusts If you have been injured and are making a claim it could be some time before you are able to return to work or resume a normal life.

More information

ILARS POLICY Funding of applications by injured workers to pursue claims for compensation

ILARS POLICY Funding of applications by injured workers to pursue claims for compensation ILARS POLICY Funding of applications by injured workers to pursue claims for compensation Introduction This WIRO Policy sets out the circumstances in which the Independent Legal Assistance and Review Service

More information

pensable injury in addition to receiving workers compensation benefits. The law

pensable injury in addition to receiving workers compensation benefits. The law Calculating Third-Party Liens: how to maximize your client s results Martin Alvey By Martin Alvey OTLA President & Guardian In January 2011, my client, Randy, was a contract employee at an Oregon rock

More information

Health and Social Care Committee Recovery of Medical Costs for Asbestos Diseases (Wales) Bill RMCA12 Forum of Insurance Lawyers

Health and Social Care Committee Recovery of Medical Costs for Asbestos Diseases (Wales) Bill RMCA12 Forum of Insurance Lawyers Health and Social Care Committee Recovery of Medical Costs for Asbestos Diseases (Wales) Bill RMCA12 Forum of Insurance Lawyers Written submission to the National Assembly of Wales, Heath and Social Care

More information

PERIODICAL PAYMENTS AND TERMINAL DISEASE. Introduction

PERIODICAL PAYMENTS AND TERMINAL DISEASE. Introduction PERIODICAL PAYMENTS AND TERMINAL DISEASE Introduction 1. The litigation of cases involving those with terminal or potentially terminal disease presents numerous forensic difficulties to the litigator.

More information

The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally

The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally Chapter 16 The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally recognized wrong. Damages are a legal remedy,

More information

The eagerly awaited preliminary report on civil costs by Lord Justice Jackson was published on 8 May.

The eagerly awaited preliminary report on civil costs by Lord Justice Jackson was published on 8 May. June 2009 The eagerly awaited preliminary report on civil costs by Lord Justice Jackson was published on 8 May. In a month understandably dominated by Jackson, another key development very nearly slipped

More information

Employer s Liability in a Practical Context

Employer s Liability in a Practical Context Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An

More information

Civil Justice for Victims of Crime in England and Wales

Civil Justice for Victims of Crime in England and Wales This booklet was published with the generous support of Warren Collins Birmingham, Bristol, Cardiff, Newcastle, Lancaster, Leeds, London, Manchester, Sheffield and Wimbledon. www.simpsonmillar.co.uk Telephone:

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

Civil Litigation Reforms & AIG

Civil Litigation Reforms & AIG Access to Justice Civil Litigation Reforms & AIG Start The reforms AIG Response day 1-5 day 6-20 day 21-25 AIG process map Overview and key Changes For more details of the reforms click here > The Jackson

More information

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents PROTOCOLS I INTRODUCTION Definitions 1.1 In this Protocol (1) claim means a claim, prior to the start of proceedings,

More information

Employers Liability Insurance the need for change

Employers Liability Insurance the need for change Employers Liability Insurance the need for change All-Party Parliamentary Group on Occupational Safety and Health Employer liability and motor insurance There are two main types of insurance that the Government

More information

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.

More information

Covering Disease costs NIHL and pre-action disclosure date. Part 36 offers in multi-defendant cases and quantum in mesothelioma claims

Covering Disease costs NIHL and pre-action disclosure date. Part 36 offers in multi-defendant cases and quantum in mesothelioma claims This is the first of our revamped monthly updates with its focus on disease issues. The aim is to provide a quick snapshot of topical issues and recent cases for the busy Disease Practitioner. We always

More information

Claims Reporting Procedure

Claims Reporting Procedure Claims Reporting Procedure This document includes:- An introduction to the claims reporting process Your Belmont contacts The life of your claim A review of the Ministry of Justice Reforms Introduction

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

An Introductory Guide to Rome II for Personal Injury Practitioners

An Introductory Guide to Rome II for Personal Injury Practitioners An Introductory Guide to Rome II for Personal Injury Practitioners An Introductory Guide from the International Practice Group Spring 2010 Charles Dougherty and Marie Louise Kinsler Introduction On 11

More information

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500 www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience

More information

THE CLAIMS-SETTLING PROCESS

THE CLAIMS-SETTLING PROCESS HSRC THE CLAIMS-SETTLING PROCESS 181 17 THE CLAIMS-SETTLING PROCESS 17.1 INTRODUCTION Road accident victims or their dependents may lodge a claim with the RAF within three years of an accident. In the

More information

Work Related Illness. All you need to know about making a work related illness claim from leading personal injury lawyers Irwin Mitchell.

Work Related Illness. All you need to know about making a work related illness claim from leading personal injury lawyers Irwin Mitchell. Work Related Illness Personal Injury All you need to know about making a work related illness claim from leading personal injury lawyers Irwin Mitchell. Your encouragement and advice to pursue the claim

More information

BC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction

BC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction Extending the RTA Portal to Disease claims May 2013 1. Introduction In July 2013 the existing RTA PI protocol will be extended to EL and PL claims. In addition, the value of claims captured by the protocol

More information

Technical claims brief

Technical claims brief QBE European Operations Technical claims brief Monthly update January/February 2014 Technical claims brief Monthly update January/February 2014 Contents Legislation 1 Mesothelioma Bill passes at report

More information

Draft Pre Action Protocol for claims for damages for mesothelioma

Draft Pre Action Protocol for claims for damages for mesothelioma Draft Pre Action Protocol for claims for damages for mesothelioma Contents Introduction...2 1. Overview of Protocol General Aim...2 2. Intimation Letter...2 3. Letter of Claim...3 4. Defendant's Response...4

More information

RETAINER AGREEMENT: CIVIL RIGHTS CASE

RETAINER AGREEMENT: CIVIL RIGHTS CASE I. Introduction RETAINER AGREEMENT: CIVIL RIGHTS CASE The undersigned, hereinafter referred to as the "Clients," hereby retains the KENNEDY LAW FIRM, hereinafter referred to as the "Attorneys," for the

More information

Levy & McRae CLAIMS IN SCOTLAND

Levy & McRae CLAIMS IN SCOTLAND Levy & McRae CLAIMS IN SCOTLAND Contents 3 Introduction 4 Voluntary Pre-action Protocol 6 Raising a Court Action 7 Sheriff Court 9 Court of Session 10 Time Bar 11 Hearings 12 Expenses 2 Introduction Credible,

More information

DERBYSHIRE COUNTY COUNCIL CABINET. 22 September 2015. Report of the Director of Finance INDEPENDENT INSURANCE SCHEME OF ARRANGEMENT (COUNCIL SERVICES)

DERBYSHIRE COUNTY COUNCIL CABINET. 22 September 2015. Report of the Director of Finance INDEPENDENT INSURANCE SCHEME OF ARRANGEMENT (COUNCIL SERVICES) DERBYSHIRE COUNTY COUNCIL CABINET 22 September 2015 Report of the Director of Finance Public Agenda Item No.7 (d) INDEPENDENT INSURANCE SCHEME OF ARRANGEMENT (COUNCIL SERVICES) 1 Purpose of the Report

More information

www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1

www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1 www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1 On 13 th March 2015 at 4pm, Mr Justice Phillips handed down judgment in conjoined cases, Dalton and others.v.british Telecommunications

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

EXPLANATORY MEMORANDUM TO. THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014. 2014 No. 3299 (L. 36)

EXPLANATORY MEMORANDUM TO. THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014. 2014 No. 3299 (L. 36) EXPLANATORY MEMORANDUM TO THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014 2014 No. 3299 (L. 36) 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 19, 2009. It is intended for information and reference purposes only.

More information