Personal Injury Publications

3PB Publications

Highways Act 1980 Case Summary & Comment: Deborah Barlow v Wigan Metropolitan Borough Council [2020 EWCA Civ 696]

3PB's Charles Fulton provides a case summary of Deborah Barlow v Wigan Metropolitan Borough Council [2020 EWCA Civ 696]

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Secondary victims: what counts as ‘an event’?

3PB's Naomi Webber provides a case summary of Paul & Anor v Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB).

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Duty of Care in the context of fatal RTAs: Valerie Tindall (2) Valerie Tindall (as administrator of the estate of Malcolm Tindall (deceased) v (1) Chief Constable of Thames Valley (2) Buckinghamshire County Council [2020] EWHC 837 (QB)

3PB's Grace Nicholls provides a case summary of Valerie Tindall (2) Valerie Tindall (as administrator of the estate of Malcolm Tindall (deceased) v (1) Chief Constable of Thames Valley (2) Buckinghamshire County Council [2020] EWHC 837 (QB).

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3PB’s Tom Webb tells all about returning to court for a personal injury trial during the pandemic

3PB personal injury and clinical negligence barrister Tom Webb attended Winchester County Court on Thursday 28th May in what is believed to have been one of the first civil trials to be heard in person since lockdown began. His observations on what fellow barristers, solicitors, lay clients, witnesses and judges will be going back to in the coming weeks are set out in this article.

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How to get the Court to hear your case during the Coronavirus pandemic

3PB specialist Civil barrister Richard Wheeler has produced an article on how to get the Court to hear your case during the Coronavirus pandemic.

The article “Getting the Court to Hear Your Case During the Pandemic” provides an insight into county court civil listing during the pandemic which may assist litigants to retain their current court listings. It provides answers to the following questions:

• What does the court’s triage process involve?
• What considerations might the court have in mind during triage?
• Why was my case adjourned when it was suitable for remote hearing?
• What practical issues do judges face during a remote hearing?
• What can litigants do to help ensure a case remains listed and is effective as a remote hearing?

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In his latest article, Ikeni Mbako-Allison examines Hislop v Perde [2018] EWCA Civ 1726 and the cost consequences of accepting a Part 36 offer late in former RTA and EL/PL Protocol Claims.

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Cost Consequences of Accepting a Part 36 Offer late in former RTA and ELPL Protocol Claims – Problems with Hislop v Perde [2018] EWCA Civ 1726

In the joined cases of Hislop v Perde and Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726, the Court of Appeal considered the question of the correct approach to costs in cases falling under the fixed costs regime in CPR Part 45 Section IIIA where a Part 36 offer is accepted after the expiry of the relevant period.

Section IIIA is the part of Part 45 which applies to cases no longer proceeding under the RTA and EL/PL Protocol (‘PAP’) such as those proceeding to Fast Track trial. The Court also provided a useful steer on the previously uncanvassed ‘exceptional circumstances’ test under CP45.29J, which provides a general gateway out of the fixed costs regime, and the test for indemnity costs, (see paragraphs 8 to 13 below).

Ikeni Mbako-Allison writes about the Court Of Appeal's approach.

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Protection for solicitors against direct settlement out of costs when acting under a CFA Lite in RTA Protocol cases: an analysis by third six pupil Ikeni Mbako-Allison

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