The Latest from Cloisters

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Cloisters success at the Chambers & Partners Bar Awards 2018

C&P Awards
Cloisters is delighted to announce its success at the Chambers & Partners Bar Awards 2018:  Cloisters is the Employment Set of the Year William Latimer-Sayer QC is Personal Injury and Clinical Negligence Silk of the Year Tom Brown nominated for Employment Junior of the Year

Trafficking victim awarded High Court damages in minimum wage and harassment claims

Legal-statue
Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum...
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Nominations for Chambers UK Bar Awards 2017

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Cloisters are delighted to announce that Rachel Crasnow QC and Dan Lawson have been nominated for Silk of the Year (Employment) and Junior of the Year (Personal Injury / Clinical Negligence) respectively.  The 2017 Chambers UK Bar Awards will be held at The London Hilton on Park Lane on Thursday, 26th October 2017.  

Schona Jolly and Simon Dyer to become QCs

Schona Jolly and Simon Dyer to become QCs
Today, Cloisters is delighted to announce that Schona Jolly and Simon Dyer will be appointed as QCs. Schona Jolly is a legal expert in employment, discrimination, human rights and civil liberties whilst Simon Dyer specialises in personal injury and clinical negligence.

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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Legal 500 2016 recognises Cloisters’ Compelling Advocacy, Astute Advice and Exceptional Client Care:

Legal 500 2016 recognises Cloisters’ Compelling Advocacy, Astute Advice and Exceptional Client Care:
        Cloisters is delighted to announce that Legal 500 2016 continues to consider our barristers as Leaders at the Bar for Clinical Negligence, Employment, Human Rights & Civil Liberties, Inquests & Inquiries, Personal Injury and Sports law (see here ).  We have been newly included this year for our work on Inque...
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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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Keeping up to date with inquest law in a clinical context: can a medical patient be treated as “detained by the state”?

Keeping up to date with inquest law in a clinical context: can a medical patient be treated as “detained by the state”?
By Patricia Hitchcock QC Those regularly instructed to represent families at inquests will no doubt already be familiar with the valuable resource that is the Chief Coroner and his website, as well as the extremely useful sites of membership organizations like Inquest and AvMA.  If it’s been a little while since your last instructions, and lac...
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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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Incapacity and Illegality in the Personal Injury / Clinical Negligence context

Incapacity and Illegality in the Personal Injury / Clinical Negligence context
By Nathaniel Caiden Introduction Those dealing with personal injury and clinical negligence cases will often have dealt with claimants who lack capacity and the resulting costs in light of that lack of capacity.  The usual occurrence will be one where it was plainly the negligence or breach of statutory duty that caused this loss of capacity. ...
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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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William Latimer-Sayer QC speaks on life expectancy at the annual PIBA Conference 2016

William Latimer-Sayer QC speaks on life expectancy at the annual PIBA Conference 2016
William Latimer-Sayer QC spoke on the topic of ‘life expectancy’ at this year’s PIBA annual conference held at St Catherine’s College, Oxford, on 8-10 April 2016. William, a Catastrophic Personal Injury and Clinical Negligence specialist, is a highly ranked barrister with a special interest in quantum. To read William’s paper on Life Expectancy ple...
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Cox v MoJ: Vicarious Liability Extension in Christian Brothers Case Approved by Supreme Court

Cox v MoJ: Vicarious Liability Extension in Christian Brothers Case Approved by Supreme Court
By Catriona Stirling Vicarious liability has been considered by our highest courts in a flood of cases in recent years and the law has taken another step forward with today’s judgments from the Supreme Court in the conjoined appeals of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 (in which the appeal was successful) and Cox v Ministry of J...
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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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Material Contribution – the next chapter

Material Contribution – the next chapter
By Sally Cowen The Privy Council has (25/1/2016) given judgment in Williams v Bermuda Hospitals Board [2016] UKPC4, giving greater clarity on the issue of when a material contribution occurs. Previously Bailey v Ministry of Defence in the Court of Appeal had indicated that ‘material contribution’ occurred where there were multiple causes of injury ...
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Simon Dyer represents successful claimant in High Court clinical negligence trial

Simon Dyer represents successful claimant in High Court clinical negligence trial
In  Hearne v Royal Marsden Hospital , the High Court had to balance the evidence of multiple experts to determine whether and when a patient should have been given blood-thinning treatment. Simon Dyer represented the Claimant, a cancer patient in 2010 who presented at hospital with stomach pains and a number of risk factors for venous thromboe...
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Cloisters’ barrister William Latimer-Sayer appointed Silk

Cloisters’ barrister William Latimer-Sayer appointed Silk
Cloisters is delighted to announce that William Latimer-Sayer has been appointed Queen’s Counsel in the new silk appointments announced today. This appointment recognises William’s long-standing reputation as a top-ranking junior specialising in catastrophic personal injury and clinical negligence. He is consistently highly ranked in the leading di...
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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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Quantum Update: A review of recent case law and hot topics

Quantum Update: A review of recent case law and hot topics
William Latimer-Sayer presented a quantum update seminar at the APIL Damages Special Interest Group meeting at the Bloomsbury Hotel in London on 3 November 2015.  The lecture considered a number of significant quantum cases that have appeared in the courts during 2015 and the practical application of the same.  He spoke together with Anth...
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Reaney v North Staffordshire: Egg-shell skull rule does not apply where the shell is already broken

Reaney v North Staffordshire: Egg-shell skull rule does not apply where the shell is already broken
By Catriona Stirling The Court of Appeal has handed down its judgment in the case of Reaney v University Hospital of North Staffordshire NHS Trust & Anr [2015] EWCA Civ 1119.   The key issue in this case was how causation and quantum should be determined where a pre-existing injury is worsened by a Defendant’s negligence. Background Mrs Re...
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Lisa Sullivan appointed Deputy Queen's Bench Master

Lisa Sullivan appointed Deputy Queen's Bench Master
Cloisters is delighted that Lisa Sullivan  has been appointed Deputy Queen’s Bench Master by the Lord Chief Justice. This is part-time role and Lisa remains in full-time practice at Chambers. The appointment will run on four year renewable terms. Lisa is a highly ranked barrister who specialises in personal injury and clinical negligence work....
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Cloisters receives special mention at the Bar Pro Bono Awards 2015

Cloisters receives special mention at the Bar Pro Bono Awards 2015
Cloisters received a special mention for its long and extensive commitment to pro bono work at the Bar Pro Bono Awards at the Bar Conference on 17 October 2015. Lord Goldsmith, the Bar Pro Bono Unit President and Chair of the Award judging panel, said  'this is exemplified by their members' collectively taking on over 140 pro bono cases in the...
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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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Paul Epstein QC and William Latimer-Sayer shortlisted for the Chambers UK Bar Awards 2015

Paul Epstein QC and William Latimer-Sayer shortlisted for the Chambers UK Bar Awards 2015
Cloisters is proud to announce that Paul Epstein QC and William Latimer-Sayer have been shortlisted for the Chambers UK Bar Awards 2015. Paul Epstein QC has been shortlisted for  Employment :  Silk of the Year. William Latimer-Sayer has been shortlisted for Personal Injury/Clinical Negligence :  Junior of the Year.   

29 Cloisters' barristers ranked in Legal 500 2015

29 Cloisters' barristers ranked in Legal 500 2015
Cloisters is delighted to announce that 29 members have been ranked in civil liberties, clinical negligence, employment, personal injury and sports practice areas in the Legal 500 2015 edition. What they say:  Solicitors have ‘absolute confidence in any barrister’ from Cloisters, which is best known for its employment, personal injury and...
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Rachel Barrett returns to Cloisters Chambers

Rachel Barrett returns to Cloisters Chambers
Cloisters is delighted to welcome Rachel Barrett back from a year’s secondment to the Supreme Court and Privy Council, where she acted as Judicial Assistant to Lord Wilson and Lord Hodge JJSC. She was closely involved in several high profile cases across Chambers’ areas of practice, including Greater Glasgow Health Board v Doogan [2014] UKSC 68 (co...
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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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Key highlights from record-breaking court awarded clinical negligence trial

Key highlights from record-breaking court awarded clinical negligence trial
William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB) . The highest final court award following a contested personal injury or clinical negligence trial has remained static since the decision of Lloyd-Jones J, as he then was, in A v Powys Healt...
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William Latimer-Sayer appears for successful Claimant in record medical negligence award case

William Latimer-Sayer appears for successful Claimant in record medical negligence award case
Cloisters barrister, William Latimer-Sayer , led by Susan Rodway QC, appeared for the successful Claimant in a case that saw the highest ever medical clinical negligence award in history. The High Court ruled today that United Lincolnshire Hospitals NHS Trust must pay £14.6 million for birth injuries to James Robshaw, after failing to carry out a C...
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Clarkson, the BBC and employer’s liability

Clarkson, the BBC and employer’s liability
 By  Jason Galbraith-Marten QC  and Rachel Crasnow QC Tony Hall, the BBC’s Director General, announced on 25 March that Jeremy Clarkson's contract will not be renewed after an "unprovoked physical attack" on a Top Gear producer, Oisin Tymon. It is widely reported that Mr Clarkson has hired lawyers, presumably to advise him about 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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Whistle-blower doctor challenges MOD over sacking by text

Whistle-blower doctor challenges MOD over sacking by text
Cloisters' barrister Schona Jolly appears for whistle-blower, Dr Stephen Frost, who was fired by text after requesting a police investigation into the dispensing of morphine sulphate tablets at an army base near Blackpool. Dr Frost, who has been granted leave to challenge the MOD at the Employment Tribunal, claims he was not told why his contract w...
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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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William Latimer Sayer and Catriona Stirling appear in injury case where High Court awards record damages to English national

Judgment has today been handed down by the High Court in the case of Totham v King’s College Hospital NHS Foundation Trust, following a December 2014 trial.

Cloisters barristers, William Latimer-Sayer and Catriona Stirling represented the successful claimant, a seven year old girl from south London, who suffered serious injuries during her birth at King’s College Hospital in 2007.

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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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Staff to be charged with gross negligence manslaughter over child’s death

Staff to be charged with gross negligence manslaughter over child’s death

Cloisters barrister, Linda Jacobs represented the family at the inquest of a six year old boy Jack Adcock who was admitted to Leicester Royal Infirmary with sickness and diarrhoea, and was later diagnosed as suffering pneumonia and septic shock.

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Noise Induced Hearing Loss – Limitation

by Jennifer Danvers Frequently limitation will be a key issue in noise-induced hearing loss (“NIHL”) cases. The following issues arise:        when does the 3 year time limit run from, in other words:       when did the cause of action accrue; or       if later, when di...
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Fair Treatment and Foreseeability: A Game of Two Halves in Yapp v Foreign And Commonwealth Office

By Chris Milsom The setting of the Court of Appeal’s recent decision in Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512 may be exotic, but the principles are universal. In upholding the decision of the High Court, the CA has illustrated the potency of the principle of fair treatment in employment. In allowing the FCO appeal, however, it...
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Stem cell freezing may have contributed to death – coroner rules

Stem cell freezing may have contributed to death – coroner rules
The coroner at the inquest of 12 year old cancer patient, Sophie Ryan-Palmer, who died in 2013 after frozen cells were used in a bone marrow transplant at Great Ormond Street Hospital, ruled that freezing stem cells may have contributed to her death. Three other children also died that year. All were treated at the hospital at the same time but die...
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Cloisters’ barrister Hannah Godfrey represents mother in tummy tuck operation case

Cloisters’ barrister Hannah Godfrey represents mother in tummy tuck operation case To read press coverage on the case go to: http://www.kentonline.co.uk/sandwich/news/scar-like-curtains-claim-in-tummy-tuck-ordeal-26558/ http://www.bbc.co.uk/news/uk-england-kent-29904521 http://www.huffingtonpost.co.uk/2014/11/05/tummy-tuck-sue-cosmetic-surgeon_n_61...
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Could my client walk again? Cell transplantation is a step closer

The truth is, that as lawyers, we are limited in what we can actually offer our clients. Particularly those with catastrophic injuries who have been told that they will never walk again. Being able to recover money is frankly a sup to the life changing trauma they have experienced. What every lawyers wishes they could do; and what every client drea...
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Holiday Claims - using the Equality Act for disabled clients

Both past disabled clients returning from holiday and people injured while on holiday, or working abroad, may present in the first instance to solicitors specialising in personal injury, who may have wrestled in the past with claims arising abroad but may be less familiar with the potential for using the Equality Act 2010 (“the Act”), which require...
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Multiple Defendants: Who to Sue?

When there are multiple potential defendants to a case, who should be sued? If you serve selectively against only one, and fail, your client loses the opportunity to gain any damages. Or the chosen defendant may succeed in arguing that it should only be partially liable for an injury, perhaps on the basis that it is a divisible injury, or that the ...
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Unlocking Liability: Difficult Defendants

On 2 nd October 2014, Daniel Lawson and Sarah Fraser Butlin delivered an evening seminar on “Unlocking Liability: Difficult Defendants”. The main points of the paper, which can be found in full at Seminar-02-10-14-handout-final.doc are summarised below. The first part of the seminar discusses the challenges for practitioners in dealing with cl...
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Beating a Part 36 Liability Offer: A Right to An 'Additional Amount'?

Rule 36.2(5) CPR expressly provides that a Part 36 offer may relate solely to liability. So a defendant’s Part 36 split-liability offer is an offer which relates to the whole claim, and the claimant’s acceptance of it automatically entitles her to her liability costs by virtue of rule 36.10(1): Onay v Brown [2010] Costs LR 29. Onay was applied by S...
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Andrew Buchan is co-editor of Personal Injury Practice 5th Edition, Bloomsbury 2008

Andrew Buchan is co-editor of Personal Injury Practice 5th Edition, Bloomsbury 2008
Andrew Buchan is co-editor of Personal Injury Practice 5th Edition , Bloomsbury 2008

Andrew Buchan and William Latimer-Sayer are co-authors of Personal Injury Schedules (2010)

Andrew Buchan and William Latimer-Sayer are co-authors of Personal Injury Schedules (2010)
Andrew Buchan and William Latimer-Sayer are co-authors of  Personal Injury Schedules  (2010)

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

The Bolam Supremacy

The end of 2013 and beginning of 2014 coincided with a string of High Court clinical negligence cases decided in favour of defendants, including Nyang v G4S Care and others [2013] EWHC 3946 (QB); Ali Shah v North West London Hospital NHS Trust [2013] EWHC 4088 (QB); Sardar v NHS Commissioning Board [2014] EWHC 38; Jones v Portsmouth Hospitals NHS T...
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Costs: the absence of war

On Saturday 12 July the Bar Council held its annual remuneration conference. Perhaps inevitably the discussion both in and outside the conference rooms was dominated by Mitchell and Denton . Mark Friston, Chairman of the Bar Council's Civil Private Panel, suggested that one consequence of Mitchelling is the relative dearth of cases in relation to c...
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