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How Jackson will affect clinical negligence claims

  • 1 Chancery Lane
  • -
  • United Kingdom
  • -
  • April 29 2013

On 1st April 2013 many of the key provisions of the Jackson Reforms came into force. This article sets out the key areas of change that will affect

Periodical payments: latest developments

  • Kennedys
  • -
  • United Kingdom
  • -
  • March 19 2013

PPOs are used by many compensators in high value clinical negligence and personal injury claims to fund a claimant's future heads of loss, usually

Solicitors PI: blanket notifications

  • CMS Cameron McKenna
  • -
  • United Kingdom
  • -
  • January 28 2013

The recent case of McManus and others v European Risk Insurance (2013) considered a blanket notification made in the context of a solicitors'

‘No transaction’ damages in professional negligence cases

  • Matheson
  • -
  • Ireland, United Kingdom
  • -
  • January 15 2013

A number of recent High Court decisions have involved cases in which lenders have taken action against their former legal advisors for negligence

An exception to Jackson: cause for concern

  • Kennedys
  • -
  • United Kingdom
  • -
  • October 19 2012

Part 2 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 contains the key "Jackson proposals"

Subrogated claims

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 21 2012

Brit Inns Limited ("Brit Inns"), a company now in liquidation, had engaged the defendant contractor to construct a new building intended to comprise a basement restaurant, a groundfloor bar and residential flats

Aggregation of claims in PII cover

  • Penningtons Solicitors LLP
  • -
  • United Kingdom
  • -
  • August 10 2012

In high value professional negligence claims against relatively small firms of solicitors, claimants will often be entirely reliant upon those firms’ professional indemnity (PI) insurers to pay any damages awarded

Is causation an issue of liability or quantum?

  • Kennedys
  • -
  • United Kingdom
  • -
  • May 25 2012

In the recent case of Andrew Graham Young v Dr Ho Chun Kit Peter HCPI15832010, the court held that although causation is traditionally thought of as an issue of liability, it can be still be considered a quantum issue and can be dealt with at an assessment of damages hearing, rather than a full trial

Insured cannot claim when not liable itself

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • June 29 2011

In Beazley Underwriting Ltd and Anor v Travelers Companies Inc 2011 EWHC 1520 (Comm) it was held that an insured could not claim under its professional indemnity insurance to recover settlement monies paid to brokers under a deed of indemnity when it was not in fact liable

Solicitors in the firing line

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • June 24 2011

While negligence claims against law firms are a fact of life, recessions cause a spike to occur both in terms of number and size of claim