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  Previous Publications

DIB June

This edition reports on the Three-Stage Test to be applied by the Court when considering a Waster Costs Order, together with various case updates.

DIB May.jpg

This edition reports on the issues to be considered relating to a Costs Order made in a Small Claims Track matter, together with various case updates.

Tire

This edition includes various case summaries, together with articles on the recovery of NHS charges and fixed costs in the intermediate track.

DIB April

This edition reports on a claim for damages arising out of a work place accident, bad character evidence in regulatory prosecutions, together with various case updates.

DIB Mar.jpg

This edition reports on a claim for damages arising out of injuries suffered by the Claimant, who is now an adult, during an incident when he was a pupil, changes to the Personal Injury Damages Claim Portal, together with various case updates.

DIB Feb.jpg

This edition reports on the importance of good quality contemporaneous evidence and the effective presentation of the same to the Court, Amendments to QOCS, together with various case updates.

DIB Jan.jpg

This edition reports on the impact that apparatus, which is owned by a third party utility company, has on a defence under Section 58 of the Highways Act 1980, together with various case updates.

Tire

This edition reviews the latest in motoring case law and previews the significant costs reforms in the coming year.

DIB Dec.jpg

This edition reports on Pre-Action Disclosure in personal injury cases in relation to weighing up the rights of third parties when records relating to them are sought by way of disclosure, together with various case updates.

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This edition reports on a Complex Regional Pain Syndrome case which was discontinued following the emergence of a Fundamental Dishonesty argument, together with various case updates.

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This edition reports on the impact of an investigation by a Department of Transport specialist investigation body on the Coroner’s inquest process, together with various case updates including foreseeability of psychiatric harm.

DIB Sept.jpg

This edition reports on the operation of the Definitive Sentencing Guideline in a public sector / emergency service sentencing for breaches of the Health and Safety at Work Act 1974, together with various case updates.

DIB Aug

This edition reports on foreseeability issues when dealing with accidents in school playgrounds, together with various case updates including a retrospective application for an extension when a Claim Form was misplaced by the Court.

DIB July.jpg

This edition reports on the importance of good photographic evidence in highways matters and focuses on a complex case involving allegations of failure to investigate alleged serious criminal activity, together with various case updates.

Tire

This edition includes various case summaries relating to fundamental dishonesty, expert evidence and permission, together with articles on the Motor Vehicles (Compulsory Insurance) Act 2022 and the Police, Crime, Sentencing and Courts Act 2022.

DIB June

This edition reports on a claim for damages which involved historical Grade Two Listed Structures on Local Authority land, together with various case updates including Fundamental dishonesty and refusal to mediate.

DIB May.jpg

This edition reports on the Claimant’s burden of proof in highways claims in proving that an accident occurred as alleged or that a particular defect had caused the alleged accident, together with various case updates.

DIB April

This edition reports on an inquest case which involved issues of diagnosis and causation of death in the context of alleged asbestosis with concurrent COVID-19 lung fibrosis, a discussion on the bold judicial review of the Compensation Recovery Unit scheme in the context of long tail claims and includes various case updates.

Tire

This edition includes case summaries relating to fundamental dishonesty, jurisdiction and portal medical evidence, together with an article on the Highway Code changes.

DIB Mar.jpg

This edition reports on the successful defence on a matter concerning highway kerb lines and s.41 dangerousness, an analysis of the Health and Safety Executive annual statistics for 2020-21 and includes various case updates.

DIB Feb.jpg

This edition reports on the assistance of historical land documents when dealing with defects bordering different owners’ land, further developments in the case law around social services failure to remove claims and includes various case updates.

DIB Jan.jpg

This edition reports on the successful Defence against a claim for personal injury in an Employers Liability case in the context of agency workers (grass cutters) and also in the context of the use of unauthorised equipment and includes various case updates.

Tire

This edition includes case summaries relating to capacity whilst drunk, complex regional pain syndrome, liability apportionments and whether a photograph is more reliable than the party’s own evidence.

DIB Dec.jpg

This edition reports on the successful Defence against a claim for personal injury in which the Claimant’s reliance and/or lack of reliance upon his Sat Nav clearly contributed to the alleged accident and includes various case updates.

DIB nov.jpg

This edition reports on the successful repudiation of a living mesothelioma claim, considers an important judgment in ‘failure to remove’ claims and includes various case updates.

Tire

This edition includes case summaries relating to capacity to litigate, accidents involving pedestrians and an article which considers whether conditions can be attached to Part 36 offers.

DIB oct.jpg

This edition considers historical and unique features in the context of alleged defects / dangers under the Occupiers’ Liability Act 1957, together with various case summaries.

DIB Sept.jpg

This edition examines the recovery of costs in a case where the Court found the Claimant had been fundamentally dishonest and case summaries relating to occupiers’ liability and vicarious liability in sexual abuse claims.

DIB Aug

This edition considers the scope of the duty to maintain the highway under section 41 of the Highways Act 1980 and case-law updates relating to claims for dependency under the Fatal Accidents Act, fixed costs, fundamental dishonesty and service of the Claim Form.

DIB July.jpg

This edition considers the test of dangerousness where the accident locus is not part of the adopted highway, a focus on the scope of the duty of care in professional negligence claims and various case summaries.

Tire

This edition considers recent case-law relating to expert evidence, fundamental dishonesty, credit hire and costs.

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