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Articles by Colm Nugent
Ten ways to give your interim and interlocutory applications the very best chances of success
GC Gatehouse Chambers More Gatehouse Chambers (formerly Hardwicke) is a leading commercial chambers which specialises in arbitration and all forms of ADR, commercial dispute resolution, construction, insolvency, restructuring and company, insurance, professional liability and property disputes. It also has niche specialisms in clinical negligence and personal injury as well as private client work.
Ten Ways To Give Your Interlocutory Application The Very Best Chances Of Success
GC Gatehouse Chambers More Gatehouse Chambers (formerly Hardwicke) is a leading commercial chambers which specialises in arbitration and all forms of ADR, commercial dispute resolution, construction, insolvency, restructuring and company, insurance, professional liability and property disputes. It also has niche specialisms in clinical negligence and personal injury as well as private client work.
How Smith v Finch has been run over by a Boris bike
Home > How Smith v Finch has been run over by a Boris bike Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events. As regards the claimant who is knocked off their bike by a vehicle, defendants will continue to argue that much like seatbelts, the failure to wear a cycle helmet is indicative of contributory fault.
How Smith v Finch Has Been Run Over By A Boris Bike
Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events. As regards the claimant who is knocked off their bike by a vehicle, defendants will continue to argue that much like seatbelts, the failure to wear a cycle helmet is indicative of contributory fault.
Aggravated damages in personal injury claims: are they ever recoverable?
Outside of those cases involving false imprisonment or torture, aggravated damages in personal injury claims are vanishingly rare. A recently issued claim in the High Court called Frearson, claims aggravated damages for what is alleged to be deliberate assault with a deadly weapon. But that claim is at an early stage and – even if it goes to trial – is unlikely to provide any definitive answers for some time. Aggravated damages in personal injury cases may be rare, but they are not unheard of.
Aggravated Damages In Personal Injury Claims: Are They Ever Recoverable?
Outside of those cases involving false imprisonment or torture, aggravated damages in personal injury claims are vanishingly rare. A recently issued claim in the High Court called Frearson, claims aggravated damages for what is alleged to be deliberate assault with a deadly weapon. But that claim is at an early stage and – even if it goes to trial – is unlikely to provide any definitive answers for some time. Aggravated damages in personal injury cases may be rare, but they are not unheard of.
When The Part 36 Offer Means You're Caught Between A Rock And A Hard Place: MRA V The Education Fellowship Limited (2022)
It's a dilemma which faces claimant solicitors acting for minors or protected parties almost every day. The defendant makes an early Part 36 offer and because the medical evidence is not yet finalised (possibly not even commenced!) the solicitors cannot recommend acceptance to the client/litigation friend and certainly cannot place an Opinion before a judge at an Approval Hearing recommending acceptance of the settlement figure.
Early Neutral Evaluation - How Might It Assist Your Client? - Professional Negligence - UK
The TCC, Commercial Court and Chancery Divisions of the High Court already have established Early Neutral Evaluation (ENE) provisions, often judge-led. This article is aimed at private ENE outside of those existing provisions. The article considers those disputes in which ENE is less commonly used, such as professional negligence actions, personal injury claims and contractual disputes.
Clinical Negligence & Personal Injury Newsletter: September 2021
UK: Clinical Negligence & Personal Injury Newsletter: September 2021 17 September 2021 by Charles Bagot QC , Colm Nugent , Emma Zeb , Jasmine Murphy , Helena Drage and Emma Woods Gatehouse Chambers To print this article, all you need is to be registered or login on Mondaq.com.
County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd) | Lexology
United Kingdom
February 21 2020 Khan v Aviva Insurance Ltd [2019] Lexis Citation 330 What are the practical implications of this case? The decision offers a useful affirmation of the default costs rules that will be applied by the courts in fast track claims: implicit in the wording of CPR 26.5 is the principle that individual parts of a claim cannot be allocated to different tracks.
Pre-action admission of contractual liability (Susan Elisabeth Wood v Days Healthcare UK Ltd)
This article was first published on Lexis®PSL Dispute Resolution on 28 July 2017. Dispute Resolution analysis: Colm Nugent, barrister at Hardwicke Chambers, explains why the appeal court will not readily countenance a complete change of case on an appeal when the claim or defence as advanced has been struck out, or summary judgment given. Susan Elisabeth Wood v Days Healthcare UK Ltd and others [2017] EWCA Civ 309 What was the background to this appeal?
Expert Costs Liability
Recent reported developments in a personal injury claim involving Dr Grace Kerali (in which the writer appeared) have thrown a spotlight onto a rarely explored aspect of costs recovery – the recovery of legal costs from one of the experts involved in the case. It is a truism that the expert evidence in a case can radically affect the outcome.
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