The Practical Lawyer

Personal injury

Part 36 offers – appropriate

Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may impose severe costs and/or interest penalties. 
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Children – schools’ duty?

A school student had put on her PE kit, and was running to the hockey field. On the way she deviated from the path, and slipped on some mud. She fell, and hurt her elbow.
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Credit hire – no liability to pay?

A credit hire contract will say that the hirer must pay the credit hire charges. It will also say that those charges can be deferred while they are recovered from the negligent third party. 
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Travel sickness – obstacles

There are many obstacles to bringing a travel sickness claim. Indeed, such claims have been actively discouraged by the CA judgment in Wood [2017]:
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QOCS – counterclaim

Can a defendant bring a PI counterclaim, and then claim the benefit of QOCS (qualified one-way costs shifting)?
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Negligence – hospital receptionist

The Supreme Court has given an important decision in finding that a hospital receptionist was negligent because she gave a misleading waiting time.

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Inquest – suicide?

The High Court has recently held that the civil standard of proof should apply to an inquest finding that the deceased took their own life. Prior to this decision, there was a criminal standard (ie ‘beyond a reasonable doubt’).

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Noise – de minimis

Insurers have won an important victory in noise-induced hearing loss claims, in successfully raising a de minimis defence.

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Contrib – child?

Can an eight-year-old child be guilty of contributory negligence? In principle, the answer is ‘yes’, but in practice, ‘no’.

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Medical expert – prison

A ‘reckless’ medico-legal expert has been sent to prison for contempt, because of false medical reports.

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Part 36 offers – appropriate
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Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
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