Personal Injury

Employer's Liability

All aspects of health and safety. Serious spinal injuries. Industrial Disease. Amputations. High value future losses. Plenty of experience with the Workplace, Manual Handling, Work Equipment etc. regulations and employers' liability as Occupiers.

Professional Negligence

Solicitors', Architects' and Dental Negligence.

Fraud

RTA and Commercial fraud.

Deliberate slam-ons. Low velocity impact. Ghost Passengers. Staged accidents. Exaggerated injuries. False Accounting. Inflated hire claims.

Public Liability

Occupier's Liability. A particular interest in childrens' claims. Product Liability.

Sports Injuries

Currently involved in a number of cases including childrens' accidents at school, a fatal accident claim at Oulton Park and a waterskiing accident in the South East.

Clinical Negligence

Recently advised on a Hepatitis claim. Dental Negligence.

Costs

See below.

Talks and Seminars

Please contact the civil clerks for more information and availability. Talks will qualify for CPD points.

Reported Cases

Court of Appeal:

Lamont -v- Burton [2007] EWCA Civ 429
Costs. CPR 45.16 and Part 36 (Personal Injury & Employer's Liability claims)

The issue was whether a claimant who goes to trial and fails to beat a payment into court can recover a success fee of 100% when, if he had accepted the payment in, he would have recovered only 12.5%.

Comment:

Appeal dismissed. The Court held that 'there may well be a case for deciding that, where a Claimant fails to better a Part 36 offer or payment, he should be allowed the same success fee that he would have recovered if he had accepted the offer' and considered that it would be a 'matter for the rule Committee and the Civil Justice Council to consider whether to amend Part 45 to make special provision to deal with the Part 36 issue.'

For a link to the full transcript of the Court of Appeal Judgment, please click here.