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At the quantum only trial of a personal injuries matter, HHJ Cleary held that he did not have sufficient evidence pertaining to the claimant’s level of likely future earnings and the likely duration therof. Nor was he satisfied that the claimant was disabled. Accordinly, the trial judge made a lump sum award of £30,000 to


The Court today approved a settlement of a claim by a 16 year-old boy suffering from cerebral palsy resulting from a negligent delay in performing a Caesarian Section. The Claimant had previously established liability at a trial of a preliminary issue. The Claimant was to recover : (i) a lump sum of £1.8m; (ii) an annual


Further to Ivor and Simon’s postings, this morning the Court of Appeal modified its ruling in Simmons v Castle as to how the 10 per cent increase in general damages recommended by Lord Justice Jackson will be applied.   The Court of Appeal made clear that Claimants who entered into CFAs before 1st April 2013


In the recent case of Stannard v Gore [2012] EWCA Civ 1248 (judgment 4.10.12) the Court of Appeal took on the herculean task of reviewing several hundred years of case law in order to answer the following: Will a landowner be liable for the damage caused by fire which (through no fault of his own) ‘escapes’ from his


BAN SPAM !

No doubt many of you, like me, regularly receive irritating text messages and emails soliciting compensation for personal injury and missold PPI; irrespective of whether you have been involved in an accident or purchased payment protection insurance. Many of you, like me, wonder how on earth these ‘spammers’ have managed to get hold of your


Can a solicitor be liable for costs if he or she takes on a case for an impecunious claimant under a CFA where there is no ATE insurance policy in place and where he or she funds the disbursements necessary to allow the case to proceed?   Neil Hamilton famously sued Mohammed Al-Fayed for defamation


New JSB Guidelines

The eleventh edition of what were formerly known as the JSB Guidelines was published on 20 September, only now they are Judicial College guidelines. Lawtel is hoping to have them uploaded by 5 October (other legal databases are available!)    


As a bit of light relief for a Friday afternoon… the indomitable Professor Gary Slapper in the Times gave me cause to laugh last week.   Whilst we in UK are getting our proverbial knickers in a twist in what the a member of the Government may or may not have said to a policeman


“To many people holidays are not voyages of discovery, but a ritual of reassurance” (Phillip andrew)   So it was with the Russell family, who took their 4 year old daughter  – the Claimant –  on her (and the family’s) first ever holiday together to a Hotel in Spain. At the time that the Holiday


What happens where a personal injury claimant is made bankrupt part way through the case, or where a bankrupt wishes to bring a claim for personal injury?   Under Section 306 of the Insolvency Act, the bankrupt’s estate vests in his trustee. This includes “property”, which includes things in action. This would cover a personal


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