Personal Injury News

In this edition of the Newsletter, 3PB brings you the following articles. Click here to read our newsletter. Henrietta Hughes, who recently joined the PI Team on successful completion of her 3rd six pupillage, summarises a recent Appeal in which the Claimant slipped on ice in an unmanned car park.  No doubt litigators will see a rise in claims after the disruption caused by the Beast From The East and so the article should hopefully remind practitioners of some of...

In recent weeks snow and ice have swept across the UK. The appeal case of Mr Ivor Cook v Swansea City Council [2017] EWCA Civ 2142 concerns a claim arising from slipping on the latter. To read Henrietta's analysis, click here. View Henrietta's profile here.

In Nicholls v The Ambassador Theatre Group, Luke Ashby successfully defended an appeal and secured a finding that the Claimant reasonably exited the EL/PL Portal and should escape the associated costs regime.  

Gabriel Adedeji brings us up to speed on the decision in London Organising Committee of the Olympic and Paralympic Games (In Liquidation) v Sinfield [2018] EWHC 51 (QB) in which the Court gave guidance on the correct approach in relation to applications under s.57 Criminal Justice and Courts Act 2015. Click here to view Gabriel's analysis.

Gabriel Adedeji reviews Joanne Dunhill (By her Litigation Friend Paul Tasker) v W. Brook & Co. (A Firm) and Justin Crossley [2018] EWCA Civ 505, a professional negligence claim brought by a Claimant after her claim was settled on the advice of her solicitor and barrister. Click here to view Gabriel's analysis.

In her latest article, Sharan Sanghera provides a quick reminder of some important Part 36 Rules.  Be sure to use her checklist when you are making Part 36 offers to avoid some of the more commonly made mistakes, which could lead to an offer being found invalid. Click here to read Sharan's article.

Alice de Coverley considers  the recent Court of Appeal decision in JOHNSON v UNIVERSITY OF BRISTOL (2017) (Civ) 17 October 2017 (unreported), concerning the Provision and Use of Work Equipment Regulations 1998 and the Workplace (Health, Safety and Welfare) Regulations 1992. To read Alice's article, please click here.

Emma Waldron considers the Court of Appeal decision in Howlett (1) Howlett (2) v Davies (1) Ageas Insurance Ltd (2) [2017] EWCA, a case relating to fundamental dishonesty. To read Emma's article, please click here.

Thomas Evans considers the Supreme Court decision in Armes v Nottinghamshire County Council [2017] UKSC 60, a case concerning the Local Authorities liability for the torts of foster carers. To read Tom's analysis, please click here.

On Monday 30th October Tom Webb successfully represented the Defendant on appeal against the decision of a district judge made at a stage 3 hearing. The issue concerned the quantum of losses for a holiday that had been ruined by an injury sustained a few days prior to departure. On appeal before HHJ Scarratt in the Medway County Court there were arguments as to the correct categorisation of general and special damages, double recovery and...

3PB's Personal Injury team has put together an update on the following important topics: Disclosure - by Luke Ashby Fraud in motor claims - by Tom Webb Fundamental dishonesty - By Jonathan Gaydon Contempt proceedings - procedural matters and the judicial approach to hearing these claims - by the group's Deputy Head Michelle Marnham To read the team's notes, please click here.

3PB Employment barrister Karen Moss has had an article published on the impact of Wyatt v Hampshire County Council UKEAT/0013/16 on litigants claiming personal injury damages in the employment tribunal. See http://www.pibriefupdate.com/content/ and the Personal Injury Brief Update Law Journal newsletter this month. To read Karen's artile, please click here.