Domestic & International Personal Injury News. Liability Rebecca Drake Costs Judith Ayling Paragraph Paragraph 245.

Size: px
Start display at page:

Download "Domestic & International Personal Injury News. Liability Rebecca Drake... 1. Costs Judith Ayling... 6. Paragraph 236. 6. Paragraph 245."

Transcription

1 FEBRUARY 2011 Domestic & International Personal Injury News Welcome to the February 2011 edition of the chambers personal injury newsletter. As regular readers will know, we cover the most important recent developments in all areas of personal injury law. This last quarter has been particularly busy and this extended 12 page edition contains discussion of some 25 new cases. The international section has an in depth consideration of the important decisions of the ECJ in December in the Pammer and Heller cases, which answer questions about consumer contracts and the internet. As always, we welcome your feedback which can be sent to us at the dedicated address Liability Rebecca Drake Mesothelioma claims the trigger litigation The Court of Appeal handed down its judgment in the Employer s Liability Insurance Trigger Litigation 1 just too late for inclusion in the last edition. Six lead cases were used to attempt to determine when EL insurance policies covered employers for liability to employees who developed mesothelioma. The judgment distinguished between the words sustain and contract. Where the insurance contract refers to an injury sustained, the insurer s liability to indemnify the employer is triggered on the date the tumour developed. Where the insurance contract speaks of a disease contracted the insurer s liability to indemnify the employer is triggered on the date the asbestos dust which caused the disease was inhaled. The three judges reasoning differed. Rix LJ looked first at the concept of sustaining injury. This was included in BAI s injury sustained, Excess s sustain [any] personal injury by accident or disease, MMI s injury sustained and sustain any injury or disease and bodily injury sustained, and Independent s sustain bodily injury or disease. 2 Applying Bolton MBC v Municipal Mutual Insurance Ltd, 3 Rix LJ considered that sustaining an injury referred to experiencing suffering from an injury rather than referring to the cause of such an injury. Nevertheless, Rix LJ did not consider the matter definitively resolved: he considered it possible that if cases were to be brought in respect of other cancers and asbestosis the rule may be different. 4 Contents Liability Rebecca Drake... 1 Quantum Bernard Doherty... 3 Procedure Alexis Hearnden... 4 Costs Judith Ayling... 6 International Bernard Doherty... 7 Contributors Looking secondly at the concept of contracting a disease, this was found in found in BAI s two wordings as any claim for injury sustained or disease contracted, and in MMI s third wording as injury or disease sustained or contracted. 5 Describing such a concept as being more chameleon like, Rix LJ looked to a large variety of sources in determining the meaning of this concept. This included the OED, extensive case law, MacGillivray on Insurance Law, and even a vernacular example from a press cutting in The Daily Telegraph describing a football player who had contracted malaria in Nigeria. Rix LJ concluded that the phrase disease contracted referred to the time of the disease s causal origins. 6 Turning to the commercial purpose of EL insurance, Rix LJ considered that although his interpretation of injury sustained conflicted with the commercial purpose of such insurance, it was not an absurd or meaningless or irrational interpretation and in any event accorded with the court s construction of injury occurring in PL insurance. 7 In contrast, Rix LJ considered that the commercial purpose of such insurance should prevail in respect of disease contracted. 8 1 [2010] EWCA Civ Paragraph [2006] EWCA Civ 50, [2006] 1 W.L.R Paragraph Paragraph Paragraph Paragraph Paragraph 244.

2 Stanley Burnton LJ differed from Rix LJ in concluding that little assistance was to be gained from considering the purpose of EL insurance as the commercial purpose was to provide the cover defined in the policy. 9 Smith LJ preferred to look at the factual matrix of the contracts, referring inter alia to her view that the purpose of EL insurance was to provide the insured with cover for the liability it incurred as the result of its activities during the period of the policy. So far as dust diseases such as mesothelioma were concerned, the seed of the disease was sown when the noxious dust was inhaled. For this reason she dissented in part, holding that both sustained and contracted had the same meaning, and the EL policy was triggered at the time when asbestos fibres were inhaled. Despite a lengthy (113 page) judgment, the position remains less than wholly clear, and it is likely that a final decision will be required from the Supreme Court. No duty on Highway Authority to remove grit from the road In Valentine v Transport for London, 10 a fatal accident was caused by grit lying on a road surface. The claim was brought against the highway authority for failure to maintain the highway under section 41 and against the local authority for failing to clean the highway of the grit. The Court of Appeal unanimously upheld the strike out of the claim against the highway authority. The court confirmed, following Goodes v East Sussex CC, 11 that the duty to maintain the highway does not extend to removing surface-lying material, obstructions or spillages, whether or not they result in danger. The claimant s appeal against the strike out of the claim against the local authority was allowed. A failure to clean could not on the authorities found a common law duty of care. It would be a mere omission. The Court of Appeal held, however, that it was arguable that the pleaded facts amounted to a positive act of negligence, that on that basis the local authority created a trap, and that the claim against the local authority ought to be allowed to proceed to a trial. No cause of action for mud on footpath In Ali v Bradford Metropolitan District Council, 12 the question for the Court of Appeal was whether a highway authority may be liable under section 130 of the Highways Act 1980 and/or in nuisance where a member of the public slipped on a public footpath as a result of an accumulation of mud and debris. The Court of Appeal held not in respect of both causes of action. Section 130 was held to protect the general rights of the public to use the highway. It was concerned with access not with ensuring that the highway was kept in a safe condition. In respect of the claim in nuisance, the Court of Appeal held that it would be too onerous to require highway authorities to carry out regular precautionary inspections of public footpaths to ensure that they were kept free from obstructions. Game in the dark involved unacceptable risk In Scout Association v Barnes, 13 the Court of Appeal dismissed the defendant s appeal. The claimant, aged 13 at the time, was playing a game called objects in the dark whereby the lights were turned out and 11 boys would run towards the centre of the hall and pick up one of the 10 objects there, the loser being the one left without an object. One of the boys had kicked one of the objects towards the side of the hall by accident. The respondent ran towards the side of the hall to pick it up, when his head and shoulder hit a bench. Despite the fact that the room was not in total darkness with the lights off (there were emergency lights on), and that scouting activities were deemed to have social utility, the trial judge found that playing the game in the dark presented an unacceptable risk of injury and the fact that scouting activities were beneficial for society did not mean that all scouting activities were, however risky, acceptable. The Court of Appeal upheld the trial judge by a majority. No vicarious liability for Institute The Court of Appeal in (1) Various Claimants (2) Catholic Child Welfare Society & Ors v Institute of the Brothers of the Christian Schools 14 held that the Institute of the Brothers of the Christian Schools (an unincorporated association) was not vicariously or primarily liable for abuse carried out by teachers at a school. The Institute supplied some but not all the teachers at a school, but was not responsible for running the school nor did it exercise effective control over a brother-teacher s doing of his job. 15 Duties of nightclub management explained When two guests at a nightclub were stabbed by a fellow guest, they sued the nightclub for damages for personal injury. The Court of Appeal in Everett v Comojo (UK) Ltd 16 explored the liability attributable to the management of the nightclub in respect of actions by third parties. The court first confirmed that the management of a nightclub did owe a duty of care to guests in respect of the actions of third parties on the premises of the nightclub; this duty, however, was no higher than that imposed under the Occupiers Liability Act In all the circumstances therefore there had been no breach of duty on the facts. Although one of the waitresses had realised there was the possibility of confrontation between the victims and the 9 Paragraph [2010] EWCA Civ [2000] 1 W.L.R [2010] EWCA Civ [2010] EWCA Civ [2010] EWCA Civ Paragraph [2011] EWCA Civ

3 attacker, there had been no reason for her to think that such an attack was imminent as no confrontation had actually begun at the time she went to speak to her manager about it. Same damage In Jubilee Motor Policies Syndicate 1231 at Lloyds v Volvo Truck & Bus (Southern), 17 Mr Bowers Q.C. (sitting as a Deputy High Court Judge) dealt with the meaning of same damage and in respect of under the Civil Liability (Contribution) Act The claimant, Jubilee, brought a claim against Volvo for a contribution to its liability to the victim of a road traffic accident (a Mr Hawkes), pursuant to the 1978 Act, relying on allegations that Volvo did not maintain the vehicle in question adequately. In this matter Jubilee had declined cover under the policy and so according to the Particulars of Claim was merely acting as Road Traffic Act insurer. Volvo brought an application seeking to strike out Jubilee s claim or alternatively for summary judgment. The most important aspect of the decision related to whether a Road Traffic Act insurer who had paid an injured claimant was liable in respect of the same damage as a tortfeasor who had allegedly caused the accident in which the injury occurred. Volvo argued that Jubilee was not liable in respect of the injuries suffered by Mr Hawkes but rather was liable under statute to satisfy the judgment which he obtained. Section 1(1) of the 1978 Act reads: Subject to the following provisions of this section, any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise) (emphasis added) Section 6(1) reads: A person is liable in respect of any damage for the purposes of this Act if the person who suffered it (or anyone representing his estate or dependants) is entitled to recover compensation from him in respect of that damage (whatever the legal basis of his liability, whether tort, breach of contract, breach of trust or otherwise). The judge interpreted same damage narrowly. He held that damage does not have the same meaning as damages. Unlike Volvo, any liability Jubilee had was contingent on various matters, including the fact that it would only arise if Jubilee denied liability under the policy and Mr Hawkes obtained a judgment against the driver of the vehicle or the company of the vehicle with whom he was involved in the RTA, which judgment was not satisfied. This liability, the judge stated, was one of economic loss as opposed to physical damage. He concluded: 18 Jubilee, the claimant, never did cause Mr. Hawkes to sustain personal injuries; Jubilee was never directly nor vicariously liable for his personal injuries; Jubilee was not in fact a wrongdoer as far as Mr. Hawkes was concerned. Accordingly, the claimant was never liable to Mr. Hawkes for physical damage, namely his personal injuries, for the purposes of the 1978 Act. Quantum Bernard Doherty The tortfeasor does not necessarily pay The Administrative Court considered whether and when the NHS is entitled to refuse to provide services on the basis that a claimant has been awarded damages in R (on the application of Alyson Booker) v NHS Oldham. 19 Ms Booker had suffered an accident which rendered her a ventilator dependent tetraplegic. Since the accident, the NHS had provided her with the necessary medical care. Ms Booker brought a claim against the tortfeasor. Settlement was approved on 20 October Under the settlement, Ms Booker received a lump sum and an order for periodical payments commencing 15 December 2011 to fund a private care regime. There were various undertakings given to avoid double recovery and one by the insurer of the tortfeasor to pay for care in the event that the NHS withdrew the appropriate level of care before December The position of the NHS was that it did not have to wait until December The election to receive private care, coupled with the default obligation of the tortfeasor s insurer to pay if necessary before December 2011 and with an application of the tortfeasor pays principle led to the result that the care was no longer reasonably required by Ms Booker and could legally be withdrawn. The NHS s position was comprehensively rejected by the court. If the treatment is already being provided from some other source, then there is no reasonable requirement for such treatment from the NHS. If the need for treatment is not actually being met from another source, however, then the mere fact that a patient has the means to pay for it herself could not justify refusing or withdrawing treatment, whether the money came from a tortfeasor s insurer or from any other source. The NHS had not found any proper basis to distinguish Ms Booker from any other patient wealthy enough to pay for her own treatment. In so far as the tortfeasor pays can be described as a principle at all, it is 17 [2010] EWHC 3641 (QB). 18 Paragraph [2010] EWHC 2593 (Admin). 3

4 not one on which the NHS can rely in cases such as the present. Discount rate in Guernsey Helmot v Simon is an interesting decision of the Court of Appeal in Guernsey (Sumption J.A. giving the only reasoned judgment) concerning the appropriate discount rate to be used for the purposes of selecting multipliers for future losses. The power of the Lord Chancellor to fix the discount rate under section 1 of the Damages Act 1996 does not extend to Guernsey, so the exercise had to be carried out from first principles guided by the decision of the House of Lords in Wells v Wells. 20 There were two chief issues. First, what should the discount rate be for the ordinary run of multipliers for future losses? Secondly, should a different discount rate be used for earnings related future losses (which could include the plaintiff s loss of earnings but also other future expenses such as care which would chiefly consist in paying wages to others)? After hearing actuarial, economic and accountancy evidence, the Royal Court (the court of first instance) applied a discount rate of 1.0% and refused to vary that rate in respect of earnings related losses. It used the 2.5% discount rate set by the Lord Chancellor in 2001 as the starting point and then reduced it to reflect the fall in yield from index linked government securities ( ILGS ) over the last decade and further adjusted it for factors particular to Guernsey (tax and inflation). The Court of Appeal allowed the plaintiff s appeal and substituted a basic discount rate of 0.5% and a discount rate of minus 1.5% for earnings related losses. The Court of Appeal did not accept that the Lord Chancellor s figure provided the proper starting point and carried out its assessment solely by reference to ILGS yields in the UK with adjustments for the economic factors specific to Guernsey. It also accepted the plaintiff s submission that the evidence demonstrated a consistent trend of earnings outstripping price inflation by some 2.0% and held that the evidence therefore justified using a discount rate for earnings related losses 2.0% lower than that for other future losses. It should be noted that the Guernsey courts have no power to award periodical payments. As will be appreciated, such discount rates produce multipliers dramatically higher than those currently used in England. Of course, the decision has no direct application in this jurisdiction where the courts will continue to follow the Lord Chancellor s rate. But if, as has been indicated, the Lord Chancellor carries out a review of the discount rate in the near future, the analysis of the Guernsey Court of Appeal will be of interest. The defendant is appealing to the Privy Council. 20 [1999] 1 A.C Procedure Alexis Hearnden Interpretation as an exception to the without prejudice rule The Supreme Court considered the exceptions to the principle that statements made in the course of without prejudice negotiations are not admissible in evidence in Oceanbulk Shipping v TMT Asia Ltd. 21 The precise question was formulated by Lord Clarke (who gave the leading judgment) as follows: The question in this appeal is whether one of the exceptions to the rule should be that facts identified during without prejudice negotiations which lead to a settlement agreement of the dispute between the parties are admissible in evidence in order to ascertain the true construction of the agreement as part of its factual matrix or surrounding circumstances. The parties disagreed as to the correct construction of a term of the agreement which had been reached. Lord Clarke, giving the lead judgment, considered the public policy justifications for the without prejudice rule and relied heavily on the speech of Robert Walker LJ in the Unilever case. 22 Lord Clarke saw no reason why there should be different principles governing the interpretation of a settlement agreement depending on whether or not the negotiations which led to it were without prejudice. In the event of a dispute about what a settlement contract means, objective facts which emerge during negotiations will be admitted in order to assist the court to interpret the agreement in accordance with the parties true intentions. That approach is likely to encourage rather than discourage a settlement, in accordance with the public policy justification for the without prejudice rule. Anonymity and injunctions The circumstances in which a party is entitled to an injunction suppressing the publication of his or her identity were considered by Tugendhat J in three separate cases this quarter. In Gray v UVW, 23 the court started by reiterating the importance of open justice. An anonymity order made by a judge on the first hearing of an injunction application did not last for the duration of the proceedings but had to be reviewed at the return date (Tugendhat J applied this principle again a month later in JIH v News Group Newspapers Ltd). 24 Tugendhat J held that a claimant is not entitled to any injunction, still less one which interferes with freedom of expression, unless there is a threat to interference with his own rights such that an injunction is necessary and proportionate. 25 The test to be applied is whether there is 21 [2010] UKSC Unilever plc v The Procter & Gamble Co [2000] 1 W.L.R [2010] EWHC 2367 (QB). 24 [2010] EWHC 2818 (QB). 25 Paragraph

5 sufficient general, public interest in publishing a report of proceedings which identifies either or both parties to justify any resulting curtailment of the right of the parties to respect for their private lives. In JXF(a child) v York Hospitals NHS Foundation Trust 26 Tugendhat J made an anonymity order in respect of the claimant when approving a compromise on behalf of a child. The claimant was expected to have capacity to manage his own affairs from the age of 18. The judgment sets out little of the factual background of the case, but the reference to future vulnerability on the part of the claimant may suggest a brain injury, though not of a degree which would make the claimant a protected beneficiary into his adulthood. The judge referred to In re Guardian News and Media Ltd 27 and to the terms of CPR and Weighing the various factors, the judge stressed the importance of openness in personal injury cases, for example to deter exaggeration. Moreover he was unpersuaded that the risk of irresponsible media reporting loomed large. The determining factor was that on the particular facts of the case the purposes of approval proceedings under CPR 21 would be defeated if naming the claimant were to make him vulnerable to losing his money to fortune hunters or thieves when he reached the age of 18 and had unfettered access to his money. Time limits on purported Part 36 offers In C v D & D2, 28 Warren J held that a time-limited offer could not be a Part 36 offer. The claimant made an offer which purported to be under Part 36, but which also stated: the offer will be open for 21 days from the date of this letter. The judge held that on its proper construction the offer lapsed automatically after 21 days, and so could not be accepted by the other party after that period had elapsed. The judge took guidance from CPR 36.9(2) as to the sort of offer with which Part 36 is concerned. That rule states that a Part 36 offer may be accepted at any time unless the offeror serves notice of withdrawal on the offeree. An offer which by its terms automatically comes to an end after 21 days is not an offer which is capable of being accepted after 21 days, or indeed withdrawn after that time, as envisaged by Part It is therefore not an offer falling within Part 36 at all. This is a significant decision, since it is still not uncommon to see time-limited offers which purport to be made under Part 36. Security for costs In Huscroft v P&O Ferries, 29 the claimant had been injured in the course of his employment on a P&O ferry. By the time of the litigation, he was unemployed and living in Portugal. There was significant delay in the conduct of the litigation, delay occasioned by both parties. At a case management conference, the claimant was ordered to pay 5,000 into court as security for the defendant s costs. The order was not made under CPR Part 25, which contains the rules specifically dealing with security for costs, but under the more general case management powers in CPR 3.1(3), which provides: When the court makes an order, it may (a) make it subject to conditions, including a condition to pay a sum of money into court. The Court of Appeal regarded this power as being concerned with the future conduct of the litigation rather than as being punishment for previous breaches. It accepted that the power is general in terms and could in appropriate cases be used to order a payment of money into court as security for the costs of the defendant. It was concerned, however, that CPR 3.1(3) should not be regarded as a convenient means of circumventing the stricter requirements of Part 25. In particular, under Part 25: 30 a personal claimant who is resident within the jurisdiction or in one of the other member states of the European Union cannot be required to provide security for costs just because he is impecunious, even though his conduct of the proceedings may be open to criticism. The Court of Appeal allowed the claimant s appeal, stating the following conclusion: 31 In reality the effect of the District Judge s order, therefore, was to enable P&O to obtain on the back of an order for case management directions an order for security for costs against Mr. Huscroft which it could not have obtained under rule 25 and which was unrelated to the orders being made in his favour. In my view it was inappropriate to make an order of that kind in this case. Discount rate In Love v Dewsbury, 32 His Honour Judge O Brien sitting as a High Court Judge declined to adjourn issues of future loss in the assessment of damages in a personal injury case until the Lord Chancellor had considered setting a fresh discount rate under the Damages Act The High Court was required to apply the law as it stood and a discount rate of 2.5% applied. Low velocity impact cases His Honour Judge Holman ordered that the claimant pay the defendant s costs of case management hearings in a case where low velocity impact had been raised. 33 He characterised the stance 26 [2010] EWHC 2800 (QB). 27 [2010] UKSC 1, [2010] 2 A.C [2010] EWHC 2940 (Ch). 29 [2010] EWCA Civ Paragraph Paragraph [2010] EWHC 3452 (QB). 33 Golden v Dempsey 1/12/2010, References: LTL 31/1/

6 taken by the claimant as the antithesis of what is expected under CPR 1.3. The claimant sought permission to instruct his own engineering expert (despite no technical issues being raised) and refused to agree to the defendant instructing their own medical expert. Giving some general guidance for such cases, the judge tried to encourage parties to consider complete disclosure and inspection of medical records on a voluntary basis preissue and to put questions to experts to try to take the pressure off precious court time and resources. Costs Judith Ayling Regime change: CFAs and ATE The focus for costs attention in the personal injury field is the current government consultation on Proposals for reform of civil litigation funding and costs in England and Wales. The deadline for responses is 14 February The decision in MGN Ltd v UK, 34 in which the European Court of Human Rights held that the use by Naomi Campbell of a CFA with a substantial success fee (95% on solicitor s costs and 100% on counsel s fees) in her action against the Daily Mirror for breach of privacy violated the newspaper s right to freedom of expression, has also put the cat amongst the funding pigeons. The immediate government response has reiterated its commitment to reform. 35 We want to deter avoidable or unnecessary cases by ensuring claimants have a financial interest in controlling legal costs in their case, which will reduce overall costs. Under the current arrangements claimants generally have no interest in the costs incurred because, win or lose, they do not have to pay anything towards them. Our proposals are designed to correct this and prevent the situation in which, regardless of the merits of their case, defendants are forced to settle for fear of prohibitive costs. All of which suggests that the current regime is not likely to remain untouched for long. In the meantime there is plenty to report from the domestic courts. Undeserved rewards In Pankhurst v White 36 the present CFA/ATE regime came under critical scrutiny. The claimant in a substantial personal injury claim had entered into a CFA with his solicitors after obtaining judgment on liability, and that CFA defined success as the recovery of any damages thus there was no risk to the solicitors. The CFA provided nonetheless for a success fee of 22.5% if the case settled before trial and 100% if it went 34 Application 39401/04. Judgment was given on 18 January Statement released by Ministry of Justice following the decision of the ECHR. It repeats the words of the Justice Minister of 15 November [2010] EWCA Civ to trial, and those success fees included a postponement element of 10% which was of course only recoverable from the claimant himself. After a quantum trial the result was that both defendant and claimant had done better than a Part 36 offer they had made. The claimant had to pay the defendant s costs of the quantum trial in the light of the defendant s Part 36 offer which he failed to better. The defendant, on the other hand, had refused an earlier, lower Part 36 offer by the claimant (made at a time when contributory negligence was still in issue), and had to pay some additional interest for a period as a consequence. On appeal, the claimant contended that, having beaten his own Part 36 offer, he should have been awarded interest on future losses pursuant to CPR 36.14(3)(a) and also on costs under CPR 36.14(3)(c). The Court of Appeal held that the claimant could not recover enhanced interest on future damages because he was not anyway entitled to interest on those sums, McPhilemy v Times Newspapers Limited (No 2) 37 applied, but also said that because the claimant had the benefit of ATE insurance and the premium was recoverable, the defendant was receiving a payout under a policy for which it had paid the premium, and this distorted the normal operation of Part 36. The claim for interest on costs was dismissed. In the course of the judgment the court characterised the claimant s solicitor s costs arrangements as grotesque: they were extracting a success fee from the defendant of 100,000 for a risk which did not exist and a further 100,000 from the claimant s damages. There is excoriating criticism here of the present interlinked system of Part 36 offers, CFAs and ATE cover, from Jackson LJ, Leveson LJ and the Chancellor. Indemnity to the client against adverse costs is not champertous In Sibthorpe and Morris v Southwark London Borough Council 38 the Court of Appeal held that a CFA in which the solicitor took on the risk of paying the other side s costs by means of an indemnity if the case was lost, where the client had not been able to obtain ATE insurance, was not champertous and therefore not unenforceable, although allegedly champertous agreements with a person conducting the litigation in question had always been treated as a special category of champertous agreement and were subject to stricter rules. It was inappropriate in the twenty-first century to extend the law of champerty. There was also an argument by the Council that the indemnity amounted to an unauthorised contract of insurance permission to appeal was refused on that point. ATE cover In Greene Wood McLean LLP (in administration) v Templeton Insurance 39 Cooke J held 37 [2001] EWCA Civ 933, [2002] 1 W.L.R [2011] EWCA Civ [2010] EWHC 2679 (Comm). 6

7 that the ATE insurer was liable to solicitors under an ATE policy where an adverse costs order had been made against claimants, the insurer had refused to provide cover on the basis that the policy had been avoided, and the solicitors had discharged the insurer s liability to the insured claimants under the policy. Inquest funding In R (on the application of Claire Humberstone) v Legal Services Commission 40 the Court of Appeal had cause to look again at the state s obligation to provide funding for representation at an inquest pursuant to Article 2 of the ECHR. Ms Humberstone had sought exceptional public funding for representation at the inquest into the death of her son he had not died in custody but rather there were allegations of clinical negligence. It was refused, although the coroner had supported her application, and at first instance the decision of the LSC was quashed. By the time of the appeal the LSC had decided anyway to fund representation on a one-off basis, but the Court of Appeal held that it should not thereby be deprived of its appeal given the importance of the issues. It was held that where the allegations were of clinical negligence simpliciter rather than of systemic failings the Article 2 duty of enhanced investigation was not in play and therefore the Lord Chancellor s guidance as to exceptional funding had no application. There is a long and helpful review of the Article 2 case law here, and also of the relevant LSC funding provisions. Costs of costs assessment In Stephens v Tesco Stores Limited 41 the claimant appealed against an order that she pay 65% of the defendant s costs of assessment. The claimant had offered to settle the defendant s bill of 159,000 for 116,000 but that offer was rejected. On assessment the defendant s bill was reduced to some 88,850. On appeal it was held that the Master had failed to take account of the claimant s offer, Stoke Pension Fund Trustees v Western Power Distribution (South West) plc 42 considered, but the offer was not determinative, rather a factor to be taken into account. The claimant was ordered to have her costs of challenging the defendant s bill from the date when it had rejected her offer, and there was no order for the costs of assessment of the defendant s bill before that date in light of the massive reduction of its bill. The defendant was awarded its cost of challenging the claimant s bill from the date when she had refused its offer, and the two awards were to be set off against each other. This case illustrates the importance of offers in the arena of costs assessment as much as in substantive litigation. International Bernard Doherty Consumer contracts and the internet In judgments given on 7 December 2010 in the linked cases of Pammer v Reederei Karl Schlüter GmbH & Co KG (C 585/08) and Hotel Alpenhof GesmbH v Heller (C 144/09), the ECJ has dealt with questions of importance relating to jurisdiction in consumer contract cases. Although neither was a personal injury claim, the issues raised are highly relevant to cases arising from injury on holiday, and especially when the contract is made after the consumer has visited a website advertising or referring to the services ultimately purchased. When the Package Travel, Package Holidays and Package Tours Regulations 1992 came into force, the paradigm foreign holiday was a package bought from a tour operator domiciled in the same state as the consumer. Regulation 15 of the 1992 Regulations made the tour operator liable for the defaults of any foreign provider of services, so the injured consumer could usually sue the tour operator in their common home state without having to concern himself with the foreign service provider. The market has changed significantly in the past twenty years, however, and an ever decreasing percentage of holidays are now of the classic package type. No doubt there are a number of factors. Those who have travelled abroad several times become more sophisticated and confident in making their own arrangements and budget airlines selling tickets directly to the public were a much less important feature of the market twenty years ago than now. The internet, however, may be the single most important factor. It vastly increases information about price and quality available to consumers and often makes the formalities of purchase simple even from a foreign trader and thus reduces the need for a consumer to rely on a traditional travel agent or tour operator to put together the components of the holiday. The danger for the consumer is that the trader from whom services are purchased may well be domiciled abroad, raising the possibility that any claim has to be brought in a foreign country. That is why the special rules of jurisdiction relating to consumer contracts under Section 4, Articles 15 to 17, of Council Regulation 44/2001 ( Brussels I ) are likely to be of increasing importance to those injured on holiday. The background jurisdiction rules are well known. The basic ground of jurisdiction under Brussels I is the domicile of the defendant. 43 In ordinary contract claims, the courts for the place of performance of the obligation 40 [2010] EWCA Civ High Court, 5 November 2010, Butterfield J. 42 [2005] EWCA Civ 854, [2005] 1 W.L.R Article 2(1). 7

8 in question also have jurisdiction. 44 For certain types of consumer contract, however, special jurisdiction rules apply. A consumer for these purposes is someone entering a contract for a purpose which can be regarded as being outside his trade or profession. 45 The special rules are intended to protect the consumer, deemed to be the weaker party. If a contract falls within the rules, a consumer may at his preference sue either in the courts of his own domicile or in those of the other party s domicile. If the service provider wishes to sue the consumer, on the other hand, he can do so only in the courts of the consumer s domicile. Further, if a contract is a consumer contract, special choice of law rules apply under Regulation (EC) No on the law applicable to contractual obligations (Rome I). A consumer contract will prima facie be governed by the law of the consumer s state of habitual residence. 46 One sees immediately the potential benefit to the injured holidaymaker who has purchased from a foreign service provider if the contract falls within the relevant consumer contract definition. For personal injury claims, the following is the class of consumer contracts most likely to be significant: 47...the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer s domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities. The often noted difficulty lies in ascertaining what will or will not amount to directing activities to the Member State of the consumer s domicile. In particular, if a trader in one state has a website, or has a presence on a website, which can be accessed by people in another state, does that amount to directing its activities to that other state? Until now, the chief guidance came from a joint declaration by the Council and the Commission on Article 15 and the internet, which stated among other things the following:... the mere fact that an Internet site is accessible is not sufficient for Article 15 to be applicable, although a factor will be that this Internet site solicits the conclusion of distance contracts and that a contract has actually been concluded at a distance, by whatever means. In this respect, the language or currency which a website uses does not constitute a relevant factor. That guidance, however, has now largely been superseded by the more detailed consideration of the ECJ in the Pammer and Heller cases. Mr Pammer was domiciled in Austria. He booked a freighter cruise (i.e. a passenger cruise on a cargo ship) from Trieste to the Far East with the defendant German company. He first found out about the cruise online on the website of a German intermediary company. He contacted the intermediary company by for more information before making a booking by post. On arriving at Trieste to begin the cruise, he formed the view that the facilities were not as advertised and refused to embark. He received only a partial refund and sued in the Austrian courts for the rest of the price, asserting jurisdiction on the basis that he was a consumer and that the defendant company had directed its activities to Austria by the website of the German intermediary. The defendant denied that it carried on any commercial activities in Austria and disputed the jurisdiction of the Austrian courts. Mr Heller was a German domiciliary being sued in Austria by the Austrian Hotel Alpenhof. After finding out about the hotel from its website, Mr Heller reserved a number of rooms. His reservation was effected by , the hotel s website referring to an address for that purpose. Mr Heller was dissatisfied with the service and refused to pay the bill on departure. The hotel sued him in the Austrian courts. Mr Heller asserted that by its website the hotel directed its activities to him in Germany, that this was thus a consumer contract, and that consequently he could be sued only in Germany. The ECJ considered that in essence the key question raised by the two cases could be formulated as follows: first, on the basis of what criteria a trader whose activity is presented on its website or on that of an intermediary can be considered to be directing its activity to the Member State of the consumer s domicile, within the meaning of Article 15(1)(c) of Regulation No 44/2001, and second, whether the fact that those sites can be consulted on the internet is sufficient for that activity to be regarded as such. The court noted that the special rules of jurisdiction derogated from the ordinary rules based on domicile and place of performance. It did not make its customary bow to the principle that such derogations are to be construed restrictively to avoid undermining the central role of the ordinary rules. Instead, it emphasised the purpose of the special rules, namely to protect the weaker party to the 44 Article 5(1)(a). 45 Article 15(1) of Brussels I. 46 Article 6(1) of Rome I. 47 Article 15(1)(c) of Brussels I. 48 Paragraph

9 transaction, and noted that the drafting differed from that of the Brussels Convention (the predecessor to Brussels I) in a way suggesting the protection was intended to be wider. The court did not, however, accept that the mere fact that a trader s website was accessible in the state of the consumer s domicile sufficed to show that the commercial activity was being directed to that state. The concept of a trader directing its activity to a state suggests something more active and particular. If the accessibility of a website was to be enough, those drafting Brussels I could have said so quite simply. To that extent, therefore, the court agreed with the joint statement of the Council and the Commission referred to above. 49 The court rejected the argument that a website only directed its activities to a place when it provided the possibility of concluding contracts online or of contacting the trader electronically. 50 It held that any clear expression of an intention to solicit custom from the state of the consumer s domicile can establish that the activity is directed to that state. The two examples given of such clear expressions of intent are (1) express mention that the trader is offering its goods or services for sale in the state in question and (2) proof of the trader paying an internet referencing service to promote access to the trader s website by people in a particular state. 51 Perhaps importantly, the court noted the rejection by the European Parliament of a proposed draft to the effect that for the special rules to bite the trader must have purposefully directed his activity in a substantial way to the state in question. That wording would have provided weaker protection to the consumer. It is not necessary for the consumer to prove so much to obtain the benefit of the special rules. 52 The court provided a non-exhaustive list of the types of factors capable of showing that the trader had directed his activity towards a particular state, which were summarised as follows: 92 In view of the foregoing considerations, the answer to be given to the referring court is that, in order to determine whether a trader whose activity is presented on its website or on that of an intermediary can be considered to be directing its activity to the Member State of the consumer s domicile, within the meaning of Article 15(1)(c) of Regulation No 44/2001, it should be ascertained whether, before the conclusion of any contract with the consumer, it is apparent from those websites and the trader s overall activity that the trader was envisaging doing business with consumers domiciled in one or more Member States, including the Member State of that consumer s domicile, in the sense that it was minded to conclude a contract with them. 93 The following matters, the list of which is not exhaustive, are capable of constituting evidence from which it may be concluded that the trader s activity is directed to the Member State of the consumer s domicile, namely the international nature of the activity, mention of itineraries from other Member States for going to the place where the trader is established, use of a language or a currency other than the language or currency generally used in the Member State in which the trader is established with the possibility of making and confirming the reservation in that other language, mention of telephone numbers with an international code, outlay of expenditure on an internet referencing service in order to facilitate access to the trader s site or that of its intermediary by consumers domiciled in other Member States, use of a top-level domain name other than that of the Member State in which the trader is established, and mention of an international clientele composed of customers domiciled in various Member States. It is for the national courts to ascertain whether such evidence exists. 94 On the other hand, the mere accessibility of the trader s or the intermediary s website in the Member State in which the consumer is domiciled is insufficient. The same is true of mention of an address and of other contact details, or of use of a language or a currency which are the language and/or currency generally used in the Member State in which the trader is established. The international nature of the activity in question (a cruise from Trieste to the Far East in Pammer) could not by itself be a sufficient indication that the trader s activities were internationally directed (why should a German not sell international cruises only to other Germans?) but could in combination with other factors. 53 Note also that the court politely glossed the rather unreal assertion in the joint statement by the Council and the Commission that neither the language of the website nor the currency in which any prices were expressed could be relevant in 49 See particularly paragraphs of the judgment. 50 Paragraph Paragraphs Paragraph 82. Paragraph

10 ascertaining whether the trader was directing its activities to a particular state. The court agreed that this was so if the language and currency were those of the trader s own state of domicile, but not if they were those of another state. The court is surely right. If an English trader has part of his website in Polish with prices expressed in zlotys, how could those facts be anything other than highly relevant to the question of whether the trader was directing his activities to Poland? Finally, note that the fact that in the Pammer case the website was that of an intermediary rather than of the trader does not preclude the conclusion that, by reference to that website, the trader was directing his activities to a particular Member State, given that the intermediary was acting on the trader s behalf. It is necessary in such a case, however, to consider whether the trader was or should have been aware of the international dimension of the intermediary company s activity and how the intermediary company and the trader were linked. 54 On the whole, the judgment is good news for consumers rather than traders. It is true that the court stated that mere access to a trader s website did not mean that the trader was directing his activities to the state in which it was accessed, but then no one really thought that it did. The court made it clear that there does not have to be evidence of purposeful or very substantial direction to a particular state, and many websites will have indicia of being directed to other states of the kind described by the court. In particular, of course, many websites of hoteliers and other holiday service providers based abroad have English language versions or pages. While that obviously does not mean that the trader is looking solely or even specifically to the UK consumer, it will be of help in establishing that the particular trader envisaged concluding contracts with UK consumers and thus directed his activities towards the UK. Another issue was raised in Pammer as to whether a voyage by freighter constitutes package travel for the purposes of Article 15(3) of Brussels I. The question arose because Article 15(3) excludes from the special jurisdiction rules for consumer contracts any contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation. Not surprisingly, Mr Pammer s proposed cruise from Trieste to the Far East was held to be a contract for a combination of travel and accommodation. The ECJ particularly stressed that the contracts envisaged by Article 15(3) as being within the consumer 54 Paragraph 89. rules were those which would fall within the definition of a package for the purposes of the Package Travel, Package Holidays and Package Tours Regulations Service out of the jurisdiction In Amalgamated Metal Trading Ltd v Baron, 55 the claimants had failed to effect valid service on the defendant in Peru. The court refused to dispense with service of the claim form (a power to be exercised only exceptionally) or to waive the defects in service (which were fundamental). The claimants next sought to persuade the court that it had power to order that service of the claim form should be permitted in London at the offices of the solicitors appointed by the defendant, who were of course not authorised by the defendant to accept service. The service rules in CPR Part 6 were significantly amended on 1 October 2008, and the question of principle was whether since that time the court has had power to order service out of the jurisdiction by an alternative method or at an alternative place (for convenience, alternative service ). Before those amendments, the rules expressly provided the power. After the amendments, the power was retained in respect of service within the jurisdiction. CPR 6.15(1) provides that if there is good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting [alternative service]. But this rule does not apply to service out of the jurisdiction. CPR 6.37, however, does, and so far as relevant states: (5) Where the court gives permission to serve a claim form out of the jurisdiction...(b) it may (i) give directions about the method of service. The judge did not believe that there was any intention by the amendments to remove the power to order alternative service in cases of service out of the jurisdiction. He thought the problem was that when the rules were segregated as between service within and service outside the jurisdiction there was a failure by oversight to include an express power in the section dealing with service out. Construed against that background, the words of CPR 6.37 were wide enough to confer a power to order alternative service. In the alternative, even if the words of CPR 6.37 were not sufficient to permit alternative service, there was nonetheless an inherent power under the CPR so to order since all concerned with the rules know that such a power was intended to be present. Unfortunately 55 [2010] EWHC 3207 (Comm). 56 Article 27 of Council Regulation 44/2001 ( Brussels I ). If the proceedings are related but not based on precisely the same cause of action, a court may stay if it finds another court to have been first seised: Article [2010] EWCA Civ

11 for the claimants, having won the general principle, they lost the case. The judge found no good reason to permit alternative service in the particular circumstances. Determining which court is first seised Where cases involving the same cause of action have been commenced in the courts of more than one EU Member State, every court except the court first seised must stay proceedings. 56 In S.K. Slavia Praha Fotbal A.S. v Debt Collect London Ltd, 57 the Court of Appeal considered the proper approach to ascertaining which court is first seised. Article 30(1) of Brussels I gives the following guidance. For the purposes of this Section, a court shall be deemed to be seised: at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the plaintiff has not subsequently failed to take the steps he was required to take to have service effected on the defendant,... In the instant case, the defendant to the English claim had issued proceedings in the Czech Republic on 15 April 2009 against one of the claimants in the English claim for a declaration of non-liability. Before service would be effected by the Czech court, a fee had to be paid. It became due on issue, but was commonly not paid until the court identified the sum due and the bank account into which it should be paid. This particular claim for a declaration, however, had a fixed fee readily ascertainable. On 17 July 2009, the Czech court provided details of the fee and it was paid on 6 August Meanwhile the English proceedings were issued on 12 June 2009 and served in the Czech Republic on 29 June The English court was called on to decide which court was first seised. The Court of Appeal started with the point that on 12 June 2009 the English court was seised of proceedings, and there was no subsequent failure to effect service. The question therefore was whether immediately before 12 June 2009 the Czech court was seised. It would not matter that it had been seised at an earlier date if it was not still seised on that date. The Court of Appeal held that it was not. A failure in Article 30.1 is a failure to comply with a duty imposed by the procedural law of the jurisdiction in question. The duty to pay the Czech court fee, a precondition to service, arose at the time the claim was lodged, notwithstanding the evidence that the fee was commonly paid only later. There was thus a relevant failure to take the required steps for service to be effected with the result that the English court was first seised. Rome II and the Motor Insurers Bureau The Court of Appeal has allowed Mr Jacobs appeal in Jacobs v Motor Insurers Bureau. 58 The claimant was a UK resident injured in a road traffic accident in Spain by a negligent and uninsured German driving a Spanish based car. The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 ( the 2003 Regulations ) provided that the claimant was entitled to seek compensation from the MIB, which could then seek reimbursement from the equivalent Spanish compensation body. Regulation 13(2)(b) of the 2003 Regulations required the MIB to pay compensation as if... the accident had occurred in Great Britain. The question which arose in Jacobs was whether the MIB should pay compensation to the claimant assessed according to English law (as the claimant argued) or according to Spanish law (as the MIB argued). The judge of first instance, Owen J, held that there was a conflict between the ordinary choice of law rules under Rome II which would lead to the application of Spanish law as the law of the place of the injury and Regulation 13(2)(b), which suggested that compensation should be calculated under English law, given the provision deeming the accident to have occurred in Great Britain. 59 He held Rome II prevailed and that compensation should be assessed under Spanish law. The Court of Appeal disagreed. The words of Regulation 13(2)(b) required the assessment of compensation as if the accident had occurred in Great Britain, and the court was not involved in a choice of law exercise at all. There was no inconsistency with Rome II, which was not engaged given the terms of Regulation 13(2)(b). The case is a difficult one, and it is not clear that all the issues have been fully elucidated. 60 As decided, however, the case is of fairly narrow scope, applying only to cross-border MIB claims. 58 [2010] EWCA Civ Although it is not clear why a requirement that the MIB should treat the accident as having happened in Great Britain should lead to the application of English law. Great Britain is not a law area. An accident which happens in Great Britain might as easily be governed by the law of Scotland as the law of England. 60 See the discussion by Andrew Dickinson at: for a fuller analysis. 11

12 CONTRIBUTORS Bernard Doherty edits this newsletter. He undertakes all kinds of personal injury work, and has for some years been recognised as a leader in the field in the main directories. He has a particular speciality in international cases and is the lead author of the recently published Accidents Abroad: International Personal Injury Claims (Sweet & Maxwell, 2009). View Full CV at: Judith Ayling undertakes a wide range of personal injury work, and acts for both claimants and defendants. She also has a substantial practice in the law of costs and often advises and acts in cases which combine both areas of expertise. In addition she practises in clinical negligence. She is a member of the Attorney-General s B panel. View Full CV at: Caroline Allen undertakes a wide variety of personal injury work, regularly providing advice and representation in high value actions. Workplace claims form a significant proportion of her practice, including stress, industrial deafness and work-related upper limb injuries. She also appears at inquests and for claimants before the CICAP. View Full CV at: Alexis Hearnden undertakes a wide range of personal injury work. She has a particular interest in employers' liability cases and regularly acts for employers and employees. Clinical negligence now represents a growing part of Alexis practice. View Full CV at: Rebecca Drake was a pupil at Thirty Nine Essex Street from , during which time she was awarded a distinction in her LLM, in which she specialised in insurance law. She joined Chambers as a tenant in October 2009 and now does personal injury cases for claimants and defendants and already has experience of international litigation. View Full CV at: David Barnes Director of Clerking Alastair Davidson Senior Clerk Ben Sundborg Practice Manager Graham Smith For further details on Chambers please visit our website: London 39 Essex Street, London WC2R 3AT Tel: +44 (0) Fax: +44 (0) Manchester 82 King Street, Manchester M2 4WQ Tel: +44 (0) Fax: +44 (0)

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 2nd July 2014 Issue: 025 Part 36 As can be seen from the case of Supergroup Plc v Justenough Software Corp Inc [Lawtel 30/06/2014] Part 36 is still the subject of varying interpretations.

More information

CONDITIONAL FEE AGREEMENTS GUIDANCE

CONDITIONAL FEE AGREEMENTS GUIDANCE Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending

More information

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 Alerter 24 th July 2015 Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the

More information

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation Supreme Court delivers judgment in the Employers' Liability Trigger Litigation On 28th March 2012, the Supreme Court handed down judgment in BAI (Run Off) Limited v Durham [2012] UKSC 14, the test-cases

More information

4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified:

4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified: Third Party Costs Orders against Solicitors 1. This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements

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

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and LIMITATION UPDATE 1. Recently, the Courts have been looking at three areas of limitation law and practice. One is when it is permissible to introduce a new claim in pending proceedings after the limitation

More information

Before : THE HONOURABLE MR JUSTICE TUGENDHAT - - - - - - - - - - - - - - - - - - - - - Between :

Before : THE HONOURABLE MR JUSTICE TUGENDHAT - - - - - - - - - - - - - - - - - - - - - Between : Neutral Citation Number: [2012] EWHC 3279 (QB) Case No: HQ09X03020 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION Royal Courts of Justice Strand, London, WC2A 2LL Date: 20/11/2012 Before : THE HONOURABLE

More information

Greene Wood & McLean v Templeton Insurance Ltd [2008] APP.L.R. 07/10

Greene Wood & McLean v Templeton Insurance Ltd [2008] APP.L.R. 07/10 JUDGMENT : Mr. Justice Teare : Commercial Court. 10 th July 2008. 1. This is an application by the Defendant to set aside the order made by Walker J. on 14 March 2008 in which he granted permission for

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

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

Expert evidence. A guide for expert witnesses and their clients (Second edition)

Expert evidence. A guide for expert witnesses and their clients (Second edition) Expert evidence A guide for expert witnesses and their clients (Second edition) Addendum, June 2009 1. Introduction 1.1 The second edition of this Guide was published in October 2003, in order to set out

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

Open, Calderbank and Part 36 offers considerations and tactics

Open, Calderbank and Part 36 offers considerations and tactics Open, Calderbank and Part 36 offers considerations and tactics PJ Kirby QC 1. Introduction 1.1 In detailed assessment proceedings there will, as in all disputes, be advantages in settling the matter in

More information

Lord Chancellor s Exceptional Funding Guidance (Inquests)

Lord Chancellor s Exceptional Funding Guidance (Inquests) Lord Chancellor s Exceptional Funding Guidance (Inquests) 1. This guidance is issued by the Lord Chancellor to the Director of Legal Aid Casework under section 4(3) of the Legal Aid, Sentencing and Punishment

More information

MOTOR VEHICLE ACCIDENT CLAIMS ACT

MOTOR VEHICLE ACCIDENT CLAIMS ACT Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s

More information

Pg. 01 French v Carter Lemon Camerons LLP

Pg. 01 French v Carter Lemon Camerons LLP Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited

More information

The Court of Protection Rules 2007

The Court of Protection Rules 2007 STATUTORY INSTRUMENTS 2007 No. 1744 (L. 12) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection Rules 2007 Made - - - - - 25th June 2007 Laid before Parliament 4th July 2007 Coming into force -

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

Court of Protection Note. The Court of Protection and Personal Injury Claims. Simon Edwards

Court of Protection Note. The Court of Protection and Personal Injury Claims. Simon Edwards Court of Protection Note The Court of Protection and Personal Injury Claims Simon Edwards 1. What happens when P brings proceedings for damages for personal injuries, those injuries being, substantially,

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

Julie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27

Julie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27 JUDGMENT : MRS JUSTICE COX: QBD. 27th February 2004 1. The appellant, Julie Belt (hereafter referred to as the claimant ), appeals from the order of His Honour Judge Yelton dated 30 October 2003, setting

More information

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide

More information

CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES

CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES Application and interpretation of this Chapter 43.1.-(1) Subject to paragraph (4) and rule 43.1A (actions based on clinical negligence).

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

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

CFAs & ATE Policies Implications for Professional Indemnity Market

CFAs & ATE Policies Implications for Professional Indemnity Market CFAs & ATE Policies Implications for Professional Indemnity Market Michael Lent Bond Pearce David Pipkin Temple Legal Protection Ltd July 2006 Indemnity principle Harold v Smith 1860 Gundry v Sainsbury

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

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

Welcome to the latest edition of the Hong Kong Medical Law Brief.

Welcome to the latest edition of the Hong Kong Medical Law Brief. 27 April 2012 Hong Kong Medical Law Brief Welcome to the latest edition of the Hong Kong Medical Law Brief. We discuss three interesting cases that may impact upon discount rates to be applied in damage

More information

Employers Liability Trigger Litigation

Employers Liability Trigger Litigation Employers Liability Trigger Litigation Following my preliminary note of the 11 th October 2010 I have now had an opportunity to study the decision in detail. This litigation was to decide what event would

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

COST AND FEE ALLOCATION IN CIVIL PROCEDURE

COST AND FEE ALLOCATION IN CIVIL PROCEDURE International Academy of Comparative Law 18th World Congress Washington D.C. July 21-31, 2010 Topic II.C.1 COST AND FEE ALLOCATION IN CIVIL PROCEDURE National Reporter - Slovenia: Nina Betetto Supreme

More information

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost Court of Appeal warning about no win no fee agreements Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost On the 15 th December 2010, the Court of Appeal fired a warning shot

More information

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between :

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between : Neutral Citation Number: [2014] EWHC 3848 (Ch) IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION 1 Case No: HC12A02388 Royal Courts of Justice, Rolls Building Fetter Lane, London, EC4A 1NL Date: Tuesday,

More information

Limiting liability for professional firms

Limiting liability for professional firms Limiting liability for professional firms Introduction Disputes can arise between providers of professional services and their clients or other (third) parties for a number of reasons. Limiting or excluding

More information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic

More information

Beattie v Secretary of State for Social Security,

Beattie v Secretary of State for Social Security, CASE ANALYSIS Income Support Capital to be treated as income - Structured settlement of damages for personal injury - Whether periodical payments that arise from the annuity are to be treated as income

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

2.2.2 Adversely affect another party s case; or

2.2.2 Adversely affect another party s case; or LEGAL PROFESSIONAL PRIVILEGE AND WITHOUT PREJUDICE COMMUNICATIONS: A PRACTICAL OVERVIEW FOR LOSS ADJUSTERS ELSPETH OWENS, 4 PUMP COURT Introduction 1. The application of Legal Professional Privilege to

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

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

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper 1. This is the response of the General Council of the Bar of England and Wales (the Bar Council) to

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 15th January 2015 Issue: 047 Public liability The difference between a local authority s powers and its duties was examined in Foulds (Deceased) v Devon County Council [Lawtel

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

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

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

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited

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

Number 46 of 2003 PERSONAL INJURIES ASSESSMENT BOARD ACT 2003 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General

Number 46 of 2003 PERSONAL INJURIES ASSESSMENT BOARD ACT 2003 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General Number 46 of 2003 PERSONAL INJURIES ASSESSMENT BOARD ACT 2003 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title. 2. Commencement. 3. Civil actions to which Act applies. 4. Interpretation.

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

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities QBE European Operations Portal extension Guidance document June 2013 Ministry of Justice extension to the claims protocols Maximising Opportunities Portal extension Guidance document June 2013 Ministry

More information

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,

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

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT [2014] JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN

More information

DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS

DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS BY: MR NADIM BASHIR NEW PARK COURT CHAMBERS LEEDS LSI 2SJ TEL: 0113 243 3277 1 1. Introduction If there was any doubt

More information

Before : THE HONOURABLE MR JUSTICE COULSON - - - - - - - - - - - - - - - - - - - - - Between : PANTELLI ASSOCIATES LIMITED.

Before : THE HONOURABLE MR JUSTICE COULSON - - - - - - - - - - - - - - - - - - - - - Between : PANTELLI ASSOCIATES LIMITED. Neutral Citation Number: [2010] EWHC 3189 (TCC) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION TECHNOLOGY AND CONSTRUCTION COURT Case No: HT-10-332 Royal Courts of Justice Strand, London, WC2A 2LL

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

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

LEGAL SCHEME REGULATIONS

LEGAL SCHEME REGULATIONS LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.

More information

JENNIFER LEE. Withdrawal of Pre- Action Admissions: Woodland v Stopford, PIBULJ (July 2011).

JENNIFER LEE. Withdrawal of Pre- Action Admissions: Woodland v Stopford, PIBULJ (July 2011). JENNIFER LEE Call Year: 2007 Practice Profile Jennifer represents both Claimants and Defendants in cases involving general commercial disputes, employment disputes, bankruptcy/winding up, landlord and

More information

CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT

CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Introduction CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Submission by the Motor Accident Solicitors Society (MASS) March 2014 1. This response is prepared on behalf

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013

EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013 EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013 By Justin Valentine Section 69 of the Enterprise and Regulatory Reform Act 2013 amends section 47 of the Health and Safety at Work

More information

MOTOR INSURER S BUREAU OF IRELAND

MOTOR INSURER S BUREAU OF IRELAND MOTOR INSURER S BUREAU OF IRELAND COMPENSATION OF UNINSURED ROAD ACCIDENT VICTIMS Agreement dated 29th January 2009 between the Minister for Transport and the Motor Insurers Bureau of Ireland (MIBI) AGREEMENT

More information

- - - - - - - - - - - - - - - - - - - - BAKER. - and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - BAKER. - and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Neutral Citation Number: [2013] EWHC 2668 (QB) IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION BEFORE: Case No: QB/2013/0325 Royal Courts of Justice Strand, London, WC2A 2LL 31 July 2013 HIS HONOUR

More information

LIMITATION OF CERTAIN ACTIONS ACT

LIMITATION OF CERTAIN ACTIONS ACT LIMITATION OF CERTAIN ACTIONS ACT CHAPTER 7:09 Act 36 of 1997 Amended by 2 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 18.. L.R.O. 2 Chap. 7:09 Limitation of Certain Actions

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

Claims as Commodities. Paying for Claims. Robert Marven

Claims as Commodities. Paying for Claims. Robert Marven Claims as Commodities Paying for Claims Robert Marven It is now established that any private law right of action (eg claim in tort, for breach of contract, in restitution, or claim for property) is a chose

More information

KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS Simon Edwards

KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS Simon Edwards KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS Simon Edwards 1. Every so often, a claimant is faced with a defendant, corporate or personal, that is insolvent. Insolvency, now, takes many different forms:

More information

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction This Equality Impact Assessment (EIA) relates to amendments to the Legal Aid, Sentencing

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

Legal Research Record

Legal Research Record Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding

More information

THE MOTOR INSURERS BUREAU OF SINGAPORE

THE MOTOR INSURERS BUREAU OF SINGAPORE 456 Singapore Academy of Law Journal (1998) THE MOTOR INSURERS BUREAU OF SINGAPORE WHAT IS AN MIB AND WHAT IS ITS ROLE? To appreciate this it will be useful to take a look at the first Motor Insurers Bureau

More information

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689 EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013 2013 No. 689 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of

More information

WHY YOU SHOULDN T DISCLOSE ALL MEDICAL RECORDS IN PERSONAL INJURY LITIGATION

WHY YOU SHOULDN T DISCLOSE ALL MEDICAL RECORDS IN PERSONAL INJURY LITIGATION WHY YOU SHOULDN T DISCLOSE ALL MEDICAL RECORDS IN PERSONAL INJURY LITIGATION By Justin Valentine 6 th April 2014 This publication is intended to provide general guidance only. It is not intended to constitute

More information

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical

More information

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity Title Damages, Settlement and Costs in Personal Injury Cases Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand

More information

REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...

More information

Company Insolvency and Claims for Personal Injuries

Company Insolvency and Claims for Personal Injuries Company Insolvency and Claims for Personal Injuries Alison Padfield 1 Administration; Company voluntary arrangements; Corporate insolvency; Limitation periods; Liquidation; Personal injury claims; Register

More information

PERSONAL INJURIES PROCEEDINGS BILL 2002

PERSONAL INJURIES PROCEEDINGS BILL 2002 1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate

More information

Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra

Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra 02 May 2013 Agenda Update from the UK asbestos working party Background and Introduction Recap on

More information

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND WRITTEN SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS 1. The Association of Personal Injury

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

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY

More information

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09 Response of Browne Jacobson LLP (Solicitors) - CP53/09 February 2010 Contents Contents... 2 Introduction... 3 Browne Jacobson LLP... 3 Interest in the Consultation... 3 The Response... 3 Summary... 4 Response

More information

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 LC Paper No. CB(2)2582/03-04(01) Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 Review of Professional Indemnity Scheme of

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 23rd July 2015 Issue: 071 Part 36 In the commercial claim of Dutton and others v Minards and others [Lawtel 20/07/2015] we have yet another case dealing with Part 36. Former

More information

2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES. The Court of Protection (Amendment) Rules 2015

2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES. The Court of Protection (Amendment) Rules 2015 S T A T U T O R Y I N S T R U M E N T S 2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection (Amendment) Rules 2015 Made - - - - 4th March 2015 Laid before Parliament 9th March

More information

BELIZE LIMITED LIABILITY PARTNERSHIP ACT CHAPTER 258 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003

BELIZE LIMITED LIABILITY PARTNERSHIP ACT CHAPTER 258 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003 BELIZE LIMITED LIABILITY PARTNERSHIP ACT CHAPTER 258 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003 This is a revised edition of the Substantive Laws, prepared by the Law Revision

More information

SFS 2002:599 Group Proceedings Act Introductory provisions Group action Section 1 Group proceedings Section 2

SFS 2002:599 Group Proceedings Act Introductory provisions Group action Section 1 Group proceedings Section 2 1 Swedish Code of Statutes SFS 2002:599 issued by the printers in June 2002 Group Proceedings Act issued on 30 May 2002. The following is enacted in accordance with a decision1 by the Swedish Riksdag.

More information

Hickman v Lapthorn [2006] ADR.L.R. 01/17

Hickman v Lapthorn [2006] ADR.L.R. 01/17 JUDGMENT : The Hon. Mr. Justice Jack : QBD. 17 th January 2006 1. This was a claim against solicitors and counsel for negligence in advising the claimant to settle at too low a value his claim arising

More information

KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS PART II SIMON EDWARDS

KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS PART II SIMON EDWARDS KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS PART II SIMON EDWARDS 1. In the September issue of Kemp News I dealt with the mechanics of starting or continuing proceedings against an insolvent defendant.

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

OFFER BY WPP GROUP PLC ("WPP")

OFFER BY WPP GROUP PLC (WPP) THE TAKEOVER PANEL 2001/15 OFFER BY WPP GROUP PLC ("WPP") FOR TEMPUS GROUP PLC ("TEMPUS") 1. The Takeover Panel met on 31 October to hear an appeal by WPP against the Panel Executive's refusal to allow

More information

Global Guide to Competition Litigation Poland

Global Guide to Competition Litigation Poland Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...

More information

NOTES FOR GUIDANCE MIB Uninsured Agreement (2015) 1 www.mib.org.uk

NOTES FOR GUIDANCE MIB Uninsured Agreement (2015) 1 www.mib.org.uk 1 www.mib.org.uk NOTES FOR GUIDANCE MIB Uninsured Agreement (2015) Notes for Guidance MIB Uninsured Agreement (2015) The following notes are for the guidance of anyone who submits a claim to MIB under

More information

UK: Government Implementation of Jackson Reforms on the Costs and Funding of Litigation. Introduction of Contingency Fees and increased Mediation

UK: Government Implementation of Jackson Reforms on the Costs and Funding of Litigation. Introduction of Contingency Fees and increased Mediation UK: Government Implementation of Jackson Reforms on the Costs and Funding of Litigation. Introduction of Contingency Fees and increased Mediation The UK government made a series of announcements on 30

More information

Keoghs LLP response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing.

Keoghs LLP response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing. Introduction: response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing. Keoghs is the only top 100 law firm to focus exclusively on the insurance sector and

More information