Personal Injury Guidelines to be increased by 10% from April 2013-

In General Litigation by AAH

Hafezis Comments:  This is positive for all victims of personal injury claims as they will not receive the amount of compensation relative to the pain and suffering they sustained at the hands of negligent Defendants. However also on a positive we can still act for all our client’s making a personal injury claim on a no-win-no-fee basis, where they still …

There was no reason for predictive costs to operate as a cap on what was properly recoverable under a CPR Pt 44 assessment.

In costs, General litigation by AAHLeave a Comment

LETTS v ROYAL SUN ALLIANCE PLC (2012) ~ Sen Cts Costs Office (Mackay J, Senior Costs Judge Hurst, Colin Jaque) 03/04/2012  A costs officer had acted perfectly legitimately in assessing the costs of the successful claimant in a case involving a low velocity rear end shunt, even though the costs far exceeded the damages accepted under a Part 36 offer, …

MIB are not liable to the injured claimant where the accident occured on gravelled entrance to a farm and it did not arise out of, the use of the vehicle on a road or other public place.

In Blog, uninsued claims (MIB) by AAHLeave a Comment

JOHN CLARKE v (1) PHOEBE CLARKE (2) MOTOR INSURERS’ BUREAU (2012) ~ QBD (Judge McKenna) 30/03/2012 The Motor Insurers’ Bureau did not incur a relevant liability for an injury caused by an uninsured driver, as the accident did not occur as a result of use of a vehicle on a public road. The claimant (C) brought a claim for damages for …

An auction house and negligence law

In Blog, General Litigation by AAHLeave a Comment

An auction house had not been negligent in appraising a gold chain, known as the Coleridge collar, as having been made in the late 17th Century, but it had advised the owner negligently about the price to sell it for on a private sale. The claimant (C) claimed damages for losses alleged to have been suffered as a result of …

The rules of natural justice precluded members of specialist tribunals, including experts, from giving evidence to themselves which the parties had no opportunity to challenge. A Fitness to Practise Panel of the General Medical Council had erred in relying upon expertise which it did not possess.

In Blog, General litigation by AAHLeave a Comment

ROBIN EDWARD LAWRENCE v GENERAL MEDICAL COUNCIL (2012) EWHC 464 (Admin) ~ BD (Admin) (Stadlen J) 02/03/2012 The appellant psychiatrist (L) appealed against certain procedural decisions and factual findings of the Fitness to Practise Panel of the respondent General Medical Council. The Panel had made findings of misconduct by L, in respect of a patient (B). B had experienced erotic …

Police informers, duty of care & pure financial loss

In Blog by AAHLeave a Comment

Comments :– A police informer can not escape from consequences his illegal action. There is a duty of care owed to a police informer, but  the police can not be liable for pure financial loss AN INFORMER v CHIEF CONSTABLE (2012) [2012] EWCA Civ 197 CA (Civ Div) (Pill LJ, Arden LJ, Toulson LJ) 29/02/2012 The appellant (C) appealed against the dismissal …

Late disclosure will be allowed if it helps the court to arrive at a just and fair decision

In Blog, General litigation, General Litigation by AAHLeave a Comment

Comments; This is how it should and ought to be. Many of my opponents blow hot and cold about late disclosure. But there is a fundamental premise that a trial judge should have all the available evidence to enable him/her to reach just and fair decision. GRUPO HOTELERO URVASCO SA v CAREY VALUE ADDED SL (2012) ~ QBD (Comm) (Eder J) …

What constitutes Negligence leading to an award for damages (compensation)

In Blog by AAH

Justice Lady Aspin in Seabrook .v. Adams sets out in clear terms what an injured party must show before successfully recovering compensation (damages). “…It is trite law that a claim in negligence has a number of necessary constituent parts. Put simply, the defendant must owe the claimant a duty of care, that duty must have been breached and the breach …

Uber drivers succeed in their actions to be categorized as workers

In Blog by AAH

Are Uber drivers self-employed or Workers/employee of Uber The Supreme Court was asked two questions in this appeal from the Court of Appeal, which had ruled in favor of Uber drivers. Where the Uber drivers defined as workers in providing personal service to the Uber company and If they were workers what was the period that would be deemed to …

Are Uber drivers self-employed or Workers/employee of Uber

In Blog by AAH

The Supreme Court was asked two questions in this appeal from the Court of Appeal, which had rules in favour of the Uber drivers. 1. Where the Uber drivers defined as workers in providing personal service to the Uber company and 2. If they were workers what was the period that would be deemed to be working time for the …

Enforcing Court Judgement

In Blog by AAH

Enforcing Judgement: I have occasionally represented householders subject to possession proceedings by lenders. In those circumstances I always feel for the borrower but I confess I do not have such concerns or sympathy towards judgement debtors who fail to meet their legal obligations to pay the debt and force creditors to resort to litigation. Once #judgements is obtained there are …

10 things the POLICE does after your ARREST

In Blog by AAH

10 things the POLICE does after your ARREST When you’re arrested and sat in a police cell you could be there for several hours even overnight. My names Nasir Hafezi and I am a Solicitor. Here’s 10 things the police could be doing after your arrest. Support CLE by becoming a Patreon – https://www.patreon.com/communitylegaleducation Please Share. Please SUBSCRIBE. Thank you.