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4th edition of Personal Injury Schedules: Calculating Damages published

A new edition of Personal Injury Schedules: Calculating Damages has been released. The updated text will take account of developments resulting from case law since the last edition in 2010. The text covers in one single volume all that the PI practitioner needs in order to calculate damages in a personal injury case. It provides a guide to the asse...
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The ever-widening scope of vicarious liability

Adam Ohringer considers the recent judgment of Various Claimants v Barclays Bank plc [2017] EWHC 1929 (QB)  and its implications on vicarious liability.   Introduction A company has been held vicariously liable for the acts of an independent contractor.  In the ground-breaking Judgment of Nicola Davies J in Various Claimants v Barcla...
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Discrimination compounds the pain in personal injury and clinical negligence claims

Discrimination compounds the pain in personal injury and clinical negligence claims
In this article, Sarah Fraser Butlin and Catriona Stirling consider discriminatory practices within the calculation of damages for personal injury and clinical negligence. Personal injury and clinical negligence lawyers do not tend to think about equality and diversity issues in their cases all that often. However there are several areas that are c...
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Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts

Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts
William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.  The Claimant had been injured in two separate road traffic accidents.  The first accident occurred in Poland on 27 April 2011.  The second acci...
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Whiplash: George Osborne’s Modest Proposal

Whiplash: George Osborne’s Modest Proposal
By Martyn McLeish In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “ harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation ”. [1] The proposal will remove the right of individuals to claim ‘g...
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Robin Allen QC and Joel Donovan QC appointed PIcARBS Panel Arbitrators

Robin Allen QC and Joel Donovan QC appointed PIcARBS Panel Arbitrators
Robin Allen QC and Joel Donovan QC have been appointed on the Personal Injury Claims Arbitration Service (PlcARBS) panel of arbitrators. The panel includes highly experienced personal injury and clinical negligence silks who are trained in personal injury and clinical negligence arbitration and who take a collegiate approach in helping parties reso...
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Caroline Musgrave discusses the application of QOCS to Motor Insurance Bureau claims

Caroline Musgrave discusses the application of QOCS to Motor Insurance Bureau claims
Caroline Musgrave recaps on Qualified One Way Cost Shifting (“QOCS”) before considering the recent High Court decision of Howe v Motor Insurance Bureau [2016] EWHC 884 (QB) , considering the application of QOCS to Motor Insurance Bureau claims. Here we consider Motor Insurance Bureau (“MIB”) liability for accidents caused by uninsured and untraceab...
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Future Loss in Fatal Claims: Logic Restored

Future Loss in Fatal Claims: Logic Restored
Tamar Burton considers the Supreme Court judgment handed down this morning in Knauer v Ministry of Justice . The Appellant’s appeal was unanimously allowed. The Court has overruled the principle established by the case of Cookson v Knowles [1979] AC 556 and held that the multiplier for future loss in a claim under the Fatal Accidents...
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Supreme Court gives guidance on the admissibility and use of expert evidence

Supreme Court gives guidance on the admissibility and use of expert evidence
Rachel Barrett discusses Kennedy v Cordia (Services) LLP , in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work. Background to the appeal Miss Kennedy worked for Cordi...
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Cloisters wins ‘Barristers’ Chambers of the Year’ and ‘Case of the Year’ at Eclipse Proclaim Personal Injury Awards 2015

Cloisters wins ‘Barristers’ Chambers of the Year’ and ‘Case of the Year’ at Eclipse Proclaim Personal Injury Awards 2015
Cloisters is delighted to announce that it has won two awards at the Eclipse Proclaim Personal Injury Awards 2015:  ‘ Barristers’ Chambers of the Year ’ and ‘ Case of the Year ’. The case in question,  JXMX (A Child) v Dartford and Gravesham NHS Trust  [2013] EWHC 3956 (QB), fundamentally changes the approach to anonymity i...
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Cloisters’ case short-listed for 'Outstanding Case of the Year' in Personal Injury Awards 2015

Cloisters’ case short-listed for 'Outstanding Case of the Year' in Personal Injury Awards 2015
Cloisters is delighted to announce that one of its cases has been short-listed for 'Outstanding Case of the Year' in the Eclipse Proclaim Personal Injury Awards 2015. The case in question: JXMX (A Child) v Dartford and Gravesham NHS Trust  [2013] EWHC 3956 (QB) fundamentally changes the approach to anonymity in approval hearings...
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Cloisters short-listed for 'Barristers’ Chambers of the Year' in Personal Injury Awards 2015

Cloisters short-listed for 'Barristers’ Chambers of the Year' in Personal Injury Awards 2015
Cloisters is delighted to announce that it has been short-listed for the Eclipse Proclaim Personal Injury Awards 2015 for ‘Barristers’ Chambers of the Year’. Chambers has had many notable successes in high value personal injury cases. One recent example is the case in which Cloisters’ barrister,  William Latimer-Sayer , instructed by Shoosmith...
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The tort of intentionally causing harm: will the Supreme Court’s pruning result in new growth?

The tort of intentionally causing harm: will the Supreme Court’s pruning result in new growth?
By Catriona Stirling Background The Supreme Court has handed down its judgment in the case of James Rhodes v OPO and another. The decision has, rightly, been presented as a victory for free speech, but it is also an important and interesting case from a tort law perspective. Mr Rhodes, a well-known concert pianist and author, wishes to publish his ...
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Leapfrog granted: The death knell for Cookson v Knowles?

Leapfrog granted: The death knell for Cookson v Knowles?
By Tamar Burton It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556.  This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial. The Cookson v Knowles Pro...
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Two key legislative reforms to Personal Injury law due

Two key legislative reforms to Personal Injury law due
Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015 , were given royal assent on 12 February 2015 and are expected to come into force in April 2015. Catriona Stirling , barrister at Cloisters Chambers examines th...
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Radical overhaul of anonymity in approval hearings

Radical overhaul of anonymity in approval hearings
By Sarah Fraser Butlin The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96.  This fundamentally changes the approach to anonymity in approval hearings. The underlying case was a claim by a child, through her litigation friend, for injuries sustained at birth.  Ap...
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CA delivers much needed guidance on granting anonymity at approval hearings

CA delivers much needed guidance on granting anonymity at approval hearings
JX MX v Dartford  Gravesham NHS Trust [ 2 015] EWCA Civ 96 In a landmark judgment handed down today the Court of Appeal have given guidance concerning the request for anonymity at approval hearings. Approval hearings are required under Part 21 of the Civil Procedure Rules when cases are settled on behalf of children and adults who lack capacit...
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Old vicarious liability rekindled

Old vicarious liability rekindled
By Nathaniel Caiden Recent case law on imposing vicarious liability seems to have suggested a wider test for vicarious liability.  The recent case law has seemingly extended the range of cases including those where the relationship is one “akin to employment”: Catholic Child Welfare Society v Various Claimants [2012] UKSC 56; [2013] 2 AC 1 and...
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Clinical Negligence and Personal Injury Round-up: January 2015

Clinical Negligence and Personal Injury Round-up: January 2015

 By Daniel Dyal

With the festive period now a distant memory, it’s time to catch up on some important recent developments. In this blog we round-up recent case law, a few of the key cases members of chambers are involved in and the Ministry of Justice’s response to the court fees consultation.

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Simon Dyer to chair Cerebral Palsy and Brain Injury Cases Update conference

Simon Dyer to chair Cerebral Palsy and Brain Injury Cases Update conference

Cloisters barrister Simon Dyer has accepted an invitation to Chair AvMA conference

Cerebral Palsy & Brain Injury Cases – ensuring you do the best for your client on

11 February 2015 at De Vere Holborn Bars, London

CPD: 5 hours and 40 mins.

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Book Review: Personal Injury Practice (Sixth edition, Bloomsbury Professional) by Andrew Buchan, Jenny Kennedy and Eliot Woolf

Book Review: Personal Injury Practice (Sixth edition, Bloomsbury Professional) by Andrew Buchan, Jenny Kennedy and Eliot Woolf
Book Review: Personal Injury Practice (Sixth edition, Bloomsbury Professional) by Andrew Buchan, Jenny Kennedy and Eliot Woolf