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Personal injury

Part 7 – fixed costs?

Suppose a low-value RTA claim exits the Protocol with a Part 7 claim which is allocated to the multi-track. Do fixed recoverable costs apply?

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Fraud – contempt of court

   A claimant alleged his wrist had been injured by a trip on a raised curb stone. Apart from his own witness evidence, he relied on statements from two friends who had been with him and who confirmed ‘there was nothing else that could have caused him to fall’. However, within a few hours he posted a Facebook comment to friends saying the accident had been caused by alcohol and an icy pavement.

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Strike out – incorrect CNF?

Can a claim be struck out because the claims notification form has been completed incorrectly? A recent case shows that it can.

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Huntington’s – duty to children?

Is a doctor under a legal duty to warn a patient’s children of being genetically at risk?

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Damages – loss of parenthood?

Is it possible to claim damages for ‘loss of parenthood’? This is the issue that arose in the Bristol sperm destruction cases (male cancer patients had been advised to lodge sperm in a sperm bank, but the samples were not kept properly). While there was clearly a duty of care, was there actually a legal claim?

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Limitation – contribution claim

There is a standard two-year limitation period for bringing a contribution claim (s10 Limitation Act 1980). But, from what date does time start running? There are two possibilities:

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Emergency vehicles – negligence

In considering liability for accidents involving emergency vehicles, the courts have to perform a balancing act. On the one hand, those injured should not be denied compensation merely because the other vehicle was on an emergency call; on the other hand, if liability is too strict then the bill for the emergency services will be prohibitive, and drivers of those vehicles will be inhibited in their driving.

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Fatals – the basics

There will normally be two claims. Firstly there will be a claim on behalf of the estate (under Law Reform (Miscellaneous Provisions) Act 1934), and secondly there will be a claim by any dependants (Fatal Accidents Act 1976). The claim on behalf of the estate can include reasonable funeral expenses, any special damages (including loss of earnings to the date of death), as well as general damages for pain, suffering and loss of amenity (unless death was instantaneous).

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Surveillance – expert

   A surveillance expert has come in for criticism in two recent cases. Indeed, the need for an ‘expert’ on surveillance evidence has been questioned (with one judge warning of the dangers of ‘making mountains out of molehills’ and of ‘a cottage industry in making the issues relating to surveillance more horrendous than they need to be’). In one of the cases, the High Court allowed the expert’s factual evidence to be produced, but rejected his opinion evidence. Hayden v Maidstone [2016] EWHC 1962 (QB).

 

Medical evidence – foreign law

What is the correct approach to obtaining expert evidence in a PI case following a foreign accident, in which the foreign ‘applicable law’ applies?

The starting point is Wall [2014] in which an English motorcyclist was involved in a serious accident in France. The claimant argued for the usual plethora of experts (ten in total) that might be involved in a catastrophic injuries claim. The defendant argued that French procedure should prevail, namely that there should be one expert acting alone (in accordance with the French Procedural Code). The CA agreed with the claimant, on the basis that the question of how expert evidence should be provided is a matter of ‘evidence and procedure’ which is decided in accordance with the law of ‘the forum’ (ie in this case, England) rather than the ‘applicable law’ (France).

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Page 10 of 47

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Part 36 offers – appropriate
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Noise nuisance – liability?
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RICS – service charges
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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?
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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
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The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
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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...

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