Category: Personal Injury

Posted in International Injury Personal Injury

Is the court bound to accept uncontroverted expert evidence: Griffiths v TUI?

In Griffiths v TUI (UK) Ltd[1] (judgment 07.10.21) the Court of Appeal considered the extent to which a court can refuse to accept uncontroverted expert evidence.  Uncontroverted here means “that there is no factual evidence undermining the factual basis of the report, no competing expert evidence and no cross-examination of…

Posted in International Injury Personal Injury

X v Kuoni Travel Limited

The Supreme Court (“the SC”), following guidance from the Court of Justice of the European Union (“the ECJ”), has answered some controversial questions about the Package Travel, etc., Regulations 1992 in X v Kuoni [2021] UKSC 34 (following a reference to the ECJ in [2019] UKSC 37 and a judgment…

Posted in Personal Injury

To plead or not to plead: when to plead fundamental dishonesty?

Does a defendant need to formally raise an allegation of fundamental dishonesty (‘FD’) in its pleaded case to obtain a finding of FD at trial? Since the Court of Appeal considered the issue in Howlett v (1) Davies (2) Ageas Insurance Limited and another [2017] EWCA Civ 1696 many defendant…

Posted in Personal Injury Road Traffic

E-scooters

Introduction You can barely move for e-scooters at present.  Whether they are on your local streets being trialled by various Councils across the land or being ridden (illegally) by the growing number of private owners; whether they are heralded or lambasted on your local paper or news feed; headlining stories…

Posted in Clinical Negligence Personal Injury

Illegality

On 30 October 2020 the Supreme Court handed down judgment in two appeals about the effect of illegality: Ecila Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 and Stoffel & Co v Grondona [2020] UKSC 42.  In each the Supreme Court examined the effect of Patel v…

Posted in Personal Injury

The Judgment in Swift v Carpenter: Accommodation Claims Revisited

What’s the issue? Injured Claimants who have a need for different accommodation brought about by their injury, and who are not in rented accommodation, are entitled to claim the cost of more suitable accommodation (often alongside the cost of making suitable adaptations). In the most part, that accommodation tends to…

Posted in Insurance Personal Injury

Insurance Law for Personal Injury Practitioners

Many personal injury practitioners may have overlooked and/or forgotten about the Insurance Act 2015 (“the 2015 Act”). However, since there is so often an insurer standing behind the defendant to a personal injury claim, the changes made by that Act are of relevance to personal injury practitioners. This article summarises…