Personal Injury Archives - Page 5 of 15

Category: Personal Injury

Jan

The imprecision of evidence 17 years after the events (Sanderson v Guy’s & Thomas’ NHS Foundation Trust)

Personal injury analysis: issues relating to memory and witness evidence continue to trouble the courts. The problems are particularly acute when witnesses are giving evidence many years after ...

Jan

Reconstructing the Past – Memory, belief or a bit of both?

In 1973, reflecting on "scattered pictures" and "misty water-coloured memories", Barbra Streisand asked "Can it be that it was all so simple then"? The answer from Mrs.

Jan

TATLA Newsletter – January 2020

'Where a cup of hot coffee, which is placed on the tray table of the seat in front of a person in an aircraft in flight, for unknown reasons slides and tips over, causing a passenger to suffer ...

Jan

Seeking fundamental dishonesty on appeal: a claimant whose evidence was “perforated with inconsistency” and “exaggerated” should have been found fundamentally dishonest

Following the decisions of Molodi v Cambridge [2018] and Richards & Anor v Morris [2018], it is commonplace for defendants to seek findings of fundamental dishonesty in ...

Dec

Public Authority Briefing December 2019

In this end of year article, Andrew Warnock QC asks the question many involved with the public sector have been asking since Poole v GN - when does an Assumption of Responsibility arise? ...

Dec

TATLA Newsletter December 2019

We end the year on a jurisdictional theme: a case-note on the Court of Appeal’s decision in the recent Lugano Convention case of JSC Commercial Bank v Kolomoisky & ...

Nov

Edward Faulks QC shortlisted in The Legal 500 UK awards 2020 as Personal Injury and Clinical Negligence Silk of the Year

We are pleased to announce that after extensive research Edward Faulks QC has been shortlisted for the Personal Injury and Clinical Negligence Silk of the Year in The Legal 500 UK 2020 awards. ...

Oct

QOCS mix-up: “mixed” claims in the Court of Appeal

Introduction Where a claimant brings a “mixed” claim (i.e. they claim damages for personal injury and in the same proceedings also claim non-personal injury damages or other ...

Oct

QOCS and mixed claims

If Donoghue v Stevenson [1932] AC 562 was argued today, would Ms Donoghue have had QOCS protection? Not if she had been claiming for the cost of another bottle of ginger beer, as ...

Sep

Costs Budgeting Update: CCMC costs ARE incurred

Although District Judges have been taking the view that the costs of the CCMC at which costs budgeting is taking place are incurred for the purpose of budgeting for future costs, this has now ...

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