The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Personal injury

Damages – update

The Judicial Studies Board has issued a new (9th) edition of its PI general damages guidelines (called At a Glance, published by OUP).

Subscribers only...
 

Costs – illegal retainer

Irrespective of arguments about failure to comply with conditional fee requirements, it is always possible to argue that the other side’s retainer is tainted by illegality.

Subscribers only...
 

Work equipment – definition

The question of what constitutes ‘work equipment’ for the Provision and Use of Work Equipment Regs 1998 is an important one. This is because ‘work equipment’ must be suitable in any respect in which it is reasonably foreseeable that it will affect the health and safety ‘of any person’.

Subscribers only...
 

Stress – foreseeability

In Hatton [2002] the CA laid down relatively strict guidelines on bringing stress claims. The key point was that there had to be a ‘plain indication’ that the employee might go over the edge from mere stress to actually suffering injury to health.

Subscribers only...
 

Foreign accident – applicable law

A foreign accident that is litigated in the UK may involve our domestic courts deciding the case using foreign law.

Subscribers only...
 

Occupier’s liability – historical sites

OLA 1957 requires the occupier to take reasonable care that a visitor ‘will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there’. But, what happens if the location is a historical monument, or some other place of intrinsic ‘social value’?

Subscribers only...
 

Rome II – applicable law

Rome II introduces important changes on the ‘applicable law’ rules when dealing with foreign claims. Note that these apply to all torts (not just PI claims).

Subscribers only...
 

Rome II – road traffic cases

As noted above, Rome II is meant to apply to all non-contractual claims as from 11 January. But, as far as road traffic accidents are concerned, there is some scope for confusion because of Recital 33 in the preamble to the Regs:

Subscribers only...
 

ATE insurance – providers?

There is a useful table summarising the main after-the-event insurance products that are available for clients at www.pas.lawsociety.org.uk.

 

Road traffic – fixed costs

The fixed-costs regime applies when:

  • costs-only proceedings are brought, or proceedings are brought for approval of a settlement or compromise;
  • the claim arises from an RTA occurring after 6 October 2003;
  • the agreed damages include compensation for property and/or PI but the total value does not exceed £10,000; and
  • if the claim had been for the recovery of the agreed damages then the small claims track would not have been the normal track for that claim.
Subscribers only...
 


Page 45 of 47

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

IAG International
In House Lawyer
MSI Global Alliance
Join the IBA now!
www.totallylegal.com