Personal Injury Blogs Archive

The significant uncertainties in the economy and the employment market caused by the pandemic may lead to an upsurge in defendants arguing that damages for future loss of earnings should be assessed by way of a Blamire and/or a Smith v Manchester award rather than using the multiplier/multiplicand method. It could be contended that, applying…

During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 and Tinkler v Ferguson [2021] EWCA Civ 18. To see the full judgments, please use the following links:…

The recent case of Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB) considered whether an NHS Primary Care Trust owed a non-delegable duty of care with regard to healthcare services provided by a third party. HHJ Melissa Clarke, sitting as a Judge of the High Court, held that…

On 16 February 2021 the High Court handed down judgment in Martlet Homes Ltd v Mullalley & Co Ltd [2021] EWHC 296 (TCC), which gives guidance to practitioners on the often misunderstood role and remit of a Reply to Defence. To read the full judgment, click here. The Facts Martlet was not a personal injury claim. For…

A judgment resolving various cross-applications a few weeks before trial in a serious PI case is perhaps not the most obvious subject for a blog. However, there is so much packed into the 15-paragraph judgment of Fordham J in Pass v Ministry of Defence [2021] EWHC 243 (QB) and the result is an unfamiliar one.…

Bankruptcy orders are relatively rare. Having never exceeded 10,000 per year before 1990, they exceeded 100,000 in 2009, and have only occasionally dipped beneath that figure. Even at those numbers, in recent years they approximate to 26 people per 10,000, or about a quarter of one percent. However they will inevitably rise as an economic…

On 28 January the High Court handed down judgment on an interlocutory appeal in Kasem v University College London Hospitals NHS Foundation Trust [2021] EWHC 136 (QB). Saini J struck out the Claimant NHS Trust’s statement of case for a defective pleading of common law deceit. The Facts In May 2013 Mr Kasem underwent a…

A finding of fundamental dishonesty can be pursued by a defendant in a personal injury or disease claim through two different routes. The first is to secure the dismissal of the claim under section 57 of the Criminal Justice and Courts Act 1957. Most commonly, it is a weapon used during the trial itself to…

Almost all practitioners will know that the GHR have remained unchanged since 2010. These rates are set out in the following table: Guideline Hourly Rates In 2014 the Master of the Rolls refused to implement the recommendations of the Civil Justice Council’s costs committee as to increases to the GHR due to lack of sufficient…

In The White Lion Hotel v James [2021] EWCA Civ 31 the Court of Appeal considered the ambit of the well-known authorities on ‘obvious risks’ in the context of occupiers’ liability, and the proper approach to section 2(5) of the Occupiers’ Liability Act 1957. Background HHJ Cotter QC at first instance gave judgment for the…

In Knapman v Carbines [2020] EWHC 3586 (QB), HHJ Cotter QC considered the balancing exercise to be conducted upon a very late application to rely on an expert report. The Context Mr Knapman suffered a severe traumatic brain injury in a road traffic accident in 2013. Liability was admitted and a trial on quantum was…

On 16 December 2020, Martin Spencer J handed down judgment in Young v Downey [2020] EWHC 3457 (QB), an interesting decision on secondary victims in nervous shock cases. In this blog post, Philip Turton and Katie McFarlane summarise and review the decision, which can be read here. Preamble Where a person suffers psychiatric as well as physical…