Tag Archives: Evidence

SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER: WEBINAR 31ST MARCH 2020

On the 31st March I am giving a webinar on Social Media and the Personal Injury Lawyer.  This webinar looks at two things in detail (i) The ways in which PI lawyers can use social media as a resource to keep up to date in both law and procedure. (Links to useful, blogs, Twitter accounts […]

THE EMPLOYER’S DUTY: THE SUPREME COURT STATES THE IMPORTANCE OF RISK ASSESSMENTS

In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of general application.   It raises interesting issues as to the relevance of “It follows that the employer’s duty is no longer confined to taking such precautions as are […]

BREACH OF STATUTORY DUTY AFTER THE ENTERPRISE AND REGULATORY REFORM ACT 2013 : A SCOTTISH DECISION: DALEKS ARE NOT THAT DANGEROUS AFTER ALL

The precise impact of the ERRA upon liability is still very much open to debate.  Some guidance may be found in the Scottish case of Gilchrist -v- Asda Stores Ltd [2015] CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015. THE CASE The pursuer (claimant to those in […]

COURT OF APPEAL UPHOLDS FINDING OF NO RESIDUAL EARNING CAPACITY

It is rare for the Court of Appeal to consider matters relating to loss of earnings. In the judgment today in  Ali -v- Caton and the MIB [2014] EWCA Civ 1313 the Court of Appeal upheld a finding of the trial judge that the claimant had no residual earning capacity. THE FACTS The claimant was […]

PROVING LOSS OF EARNINGS : THE IMPORTANCE OF THE WITNESS STATEMENT: THE QUESTIONS YOU SHOULD ASK

The basic task of proving damages, particularly elements such as loss of earnings and disability in the labour market, are often overlooked in witness statements prepared for trial.  DRAFTING THE WITNESS STATEMENT TO SUPPORT A CLAIM FOR LOSS OF EARNINGS This issue was recently dealt with in a blog I did in Civil Litigation Brief […]