Costs consequences of late acceptance of a Defendant’s downgraded offer

By |2019-05-02T11:46:51+01:00March 18th, 2019|Articles|

This article first appeared in the March 2019 edition of the Liverpool Law Society magazine What are the costs consequences when a Defendant makes a Part 36 offer and then without withdrawing it simply reduces the value of that offer under CPR 36.9, thereby leaving the offer open for acceptance throughout - but in its [...]

Recoverability of agent fees… the battle goes on by Andi Barnes

By |2019-05-02T11:46:51+01:00January 7th, 2019|Articles|

Article taken from the January 2019 issue of the Liverpool Law Magazine. View the complete magazine here. Andi Barnes of Complete Counsel examines recent costs cases and the recoverability of agent fees The costs world no doubt hoped, following the Supreme Court decision in Crane v Canons Leisure Centre Limited [2007] EWCA Civ 1352, for [...]

“Honesty is for the most part less profitable than dishonesty.”

By |2019-05-02T11:46:51+01:00March 26th, 2018|Articles|

Article by James Byrne Though this truism was scribed by Plato around 380 BC in his seminal work on justice, ‘The Republic’, little has changed.  Fraudulent personal injury claims are a booming business.  You only have to open the tabloid press on any given day and you are likely to see the photograph of a [...]

Contribution and Apportionment: Unruly Horses? An article by Charles Feeny and Sam Irving for PI Brief Update Law Journal

By |2019-05-02T11:46:52+01:00February 15th, 2018|Articles|

25/01/18. "Public policy is a very unruly horse, and when once you get astride, you never know where it will carry you." These oft repeated words were those of Borough J in Richardson v. Mellish in 1824 and are the first reference to the much repeated maxim, that resorting to public policy is equivalent to mounting [...]

Reaney – the yet to be resolved questions

By |2019-05-02T11:46:52+01:00December 6th, 2016|Articles|

Reaney – the yet to be resolved questions The case of Christine Reaney v. University Hospital of North Staffordshire NHS Trust (1) and Mid Staffordshire NHS Foundation Trust (2)[1] has now compromised on a largely pragmatic basis, reflecting both parties' perception of the risks in proceeding. These risks were increased by Mr Justice Foskett's understandable [...]

Dust-Clouds and Dustbins: Should There Be a Regularity Requirement for Dust Exposure When Defining ‘Substantial’ Under Section 63 (1) Factories Act 1961?

By |2019-05-02T11:46:53+01:00September 5th, 2016|Articles|

This article originally appeared on the PI Brief Update website In cases where an employee is exposed to asbestos, a claim may be brought under the common law as well as pursuant to duties owed by the employer under various regulations and legislation. One example of such legislation is s.63 (1) Factories Act 1961, which [...]


By |2019-05-02T11:46:53+01:00August 16th, 2016|Articles|

Synopsis The Claimant employee was exposed to asbestos dust during the course of his employment over 50 years ago. This judgement sheds light on the importance of selecting the correct expert and the need for sound methodology to analyse the possible extent of asbestos exposure when proving causation in industrial disease cases. The Claimant was [...]

Chronic Pain, vulnerable or inevitable? Bagaley v Chesterfield Hospitals

By |2019-05-02T11:46:53+01:00August 8th, 2016|Articles|

Factual background and the court’s judgement Download judgement PDF A claim was brought against the Defendant hospital after the Claimant, Ms Baggaley, was mistakenly led to believe that she might be suffering from cancer. The Claimant argued that this belief had caused her severe depression as well as Chronic Fatigue Syndrome (“CFS”). The Claimant approached [...]

Does clinical negligence litigation have a role in patient safety?

By |2019-05-02T11:46:53+01:00August 2nd, 2016|Articles|

Are standards maintained because at least in part, a threat of litigation, and are lessons learnt (as claimed) from litigated cases? Patient safety is described by the World Health Organisation (WHO) as ‘the most important common issue in health care internationally’. It includes the prevention of errors and adverse effects to patients associated with health [...]

Will the BSB ABS bring Trial Lawyers to the UK?

By |2019-05-02T11:46:53+01:00July 11th, 2016|Articles|

Solicitors v barristers – the great ‘fusion’ debate A conversation is taking place over lunch between a barrister and his wife’s friend, visiting from Italy. “You mean the person who serves the coffee?” scoffs the Italian with surprise. “No. A barrisTER!’ is the retort. “Well how is that different to a lawyer?” This is an [...]