Important decision on Part 36

In Carver v BAA, a decision that may have far reaching effects, the Court of Appeal penalised the Claimant in costs even though she beat the Defendant’s Part 36 offer.

Deductibility of benefits and gratuitous payments in FAA claims

In Arnup –v- M W White, the Court of Appeal considered whether a £129,600 death benefit scheme payment and £100,000 “employee benefit trust” payment were deductible from an award of damages in respect of a Fatal Accident Act claim.

Consideration of what constitutes work equipment under PUWER 1998

A local authority was not strictly liable under the PUWER 1998 for a defect in an access ramp used by its employee at a person's home, which it had not installed or maintained.

Entitlement to pre-action disclosure of medical records to insurers

In Wells v OCS, the High Court considered the Court’s jurisdiction to order disclosure of medical records to insurers prior to the issue of proceedings and service of a medical report.

Appropriate hourly rate for gratuitous care

In Noble v Owens, among various quantum issues in a serious injury claim, the Court considered what the appropriate hourly rate should be for past gratuitous care services. It also looked at accommodation costs where the Claimant had no property and lived in his fiancee’s house.

Causation and quantum in psychiatric injury claim and FAA claim.

A mother was entitled to recover PSLA of £20,000 and future loss of earnings in respect of her prolonged pathological grief reaction to the death of her daughter, even though a precise psychiatric diagnosis for her condition was unclear. The cost of a headstone was allowed but not a wake.