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personal injury

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Louis Weston considers the recent high-profile case of Tylicki v Gibbons

Professional horseracing jockey Freddie Tylicki brought a Personal Injury Action for liability only against his fellow jockey, Graham Gibbons after a collision at Kempton in 2016 caused severe and life changing injuries. Louis Weston explains why this case is of interest to the sport. The Background The core issue of the legal dispute concerned the standard of care to be taken by a jockey racing in a competitive environment and, specifically, whether on this occasion the Defendant’s riding fell below that standard of care. The parties agreed that the standard was set in the case of Caldwell v Maguire [2001] EWCA Civ 1054 and that in particular it should be recognised that liability for sporting errors could not be established…

News, Sports 12 Jan, 2022

Rachel Vickers Is Formally Named Queen’s Counsel

Outer Temple is very proud to announce that Rachel Vickers has been formally sworn in today as a member of Queen’s Counsel at the QC Appointment Ceremony 2021. Some of the finest legal minds have been sworn in today at Westminster Hall including Outer Temple’s Rachel Vickers. Whilst the celebrations have understandably been scaled down due to ongoing Covid restrictions, Rachel was able to celebrate with family and friends including her proud clerk, Paul Barton and we all look forward to getting together as a Chambers to raise a glass as soon as we can. Silks Day ‘Silks Day’ 2021, is the culmination of a rigorous application process to demonstrate excellence in advocacy in the higher courts. These appointments are…

News 1 Nov, 2021

Brownlie v Four Seasons (No. 2): A Binding Decision on the Meaning of the Tort Jurisdiction Gateway, For Now

Carin Hunt’s article titled ‘Brownlie v Four Seasons (No. 2): A Binding Decision on the Meaning of the Tort Jurisdiction Gateway, For Now’ has been published in the New Law Journal. On 29 July 2020 the Court of Appeal handed down judgment in Brownlie (No. 2) [2020] EWCA Civ 995, the most recent instalment of one of the longest-running jurisdiction disputes in English personal injury law.  It upheld the decision of Nicol J and agreed with the majority of the Supreme Court in Brownlie (No. 1), [2017] UKSC 80. Carin’s article considers the facts of the case, the issue on appeal, the Court of Appeal’s decision and a question of evidence and procedure in the pleading of foreign law You…

Legal Blog & Publications, News, Personal Injury, Travel 5 Nov, 2020

Limitation provisions during lockdown for personal injury & clinical negligence matters

Carin Hunt considers limitation issues resulting from the COVID-19 lockdown in her article for Lexis PSL. In the Lexis PSL article, ‘Coronavirus (COVID-19)—limitation provisions during lockdown for PI and clinical negligence matters’, Carin Hunt considers the consequences of Covid-19 for the limitation of personal injury and clinical negligence claims. Carin looks at delays to the conduct of litigation caused by the pandemic, and considers the use of standstill agreements and the operation of section 33 of the Limitation Act 1980 to keep claims in time. Article If you have subscription to Lexis, you may read the article here.  About the Author Carin Hunt joined Chambers in September 2019, following her pupillage and she is developing a busy practice in the…

Clinical Negligence, Legal Blog & Publications, Personal Injury 12 Aug, 2020

MOJ Publishes Review of Criminal Injuries Compensation Scheme

Carin Hunt outlines the MOJ’s proposed reforms to the Criminal Injuries Compensation Scheme. The proposals seek to better support victims of violent crime, particularly those who suffer historic or current child abuse. The Criminal Injuries Compensation Scheme (“the Scheme”) is a statutory scheme that compensates victims of violent crime in England, Scotland and Wales. On 16 July 2020, the MOJ published its first review of the Scheme since 2012, setting out a number of proposals for reform (“the Review”). The Scheme The Scheme is a tariff-based system for determining injury awards for victims of violent crime. A violent crime is defined in Annex B to the Scheme as one of the following acts, if done either intentionally or recklessly: (a)…

Legal Blog & Publications, Personal Injury 23 Jul, 2020

Stopping the Clock – Limitation in Foreign Law Claims

Daniel Clarke explores the scope of the Rome II Regulation as laid out in Pandya v Intersalonika General Insurance Company. In Pandya v Intersalonika [2020] EWHC 273 (QB) the High Court has given an important decision on the extent to which, in case where a foreign law applies, it is the foreign law (as opposed to English domestic law) which determines the limitation issues. The facts in Pandya were, as in so many cases, very sad. The English-domiciled claimant was just fifteen when on 29 July 2012 she was hit by a motorcycle while crossing the road on holiday in Greece, suffering a serious brain injury. A claim was brought (on her behalf) directly against the motorcyclist’s Greek motor insurer.…

Legal Blog & Publications, Travel 30 Jun, 2020

OTC Travel Talks: Vlog on Limitation in Spain, France & the Netherlands – Part 2

Watch Ian Denham, Ana Romero Porro, Gerben Janson and Thomas Ricard in the second of a new series of travel law discussions hosted by Outer Temple’s Travel Law team; ‘OTC Travel Talks’.  This episode continues to discuss limitation of personal injury claims in Spain, France, and the Netherlands (Part 2). Outer Temple’s Ian Denham spoke to three foreign personal injury specialists about limitation rules in their respective jurisdictions: Ana Romero Porro of Cremades & Calvo Sotelo (Spain); Gerben Janson of Leidse Letselschade Advocaten (the Netherlands); and Thomas Ricard of JP Karsenty & Associés (France). All of Ian’s guests have experience of giving Part 35 expert evidence in the English Courts. In Part 1, which you can watch here, Ana, Gerben, and Thomas answered these questions about limitation in their jurisdictions:…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 29 Jun, 2020

OTC Travel Talks: A Vlog on Limitation in Spain, France & the Netherlands

Watch Ian Denham, Ana Romero Porro, Gerben Janson and Thomas Ricard in the first of a new series of travel law discussions; ‘OTC Travel Talks’.  This episode on cross border law covers limitation of personal injury claims in Spain, France, and the Netherlands (Part 1). Outer Temple’s Ian Denham spoke to three foreign personal injury specialists about limitation rules in their respective jurisdictions: Ana Romero Porro of Cremades & Calvo Sotelo (Spain); Gerben Janson of Leidse Letselschade Advocaten (the Netherlands); and Thomas Ricard of JP Karsenty & Associés (France). All of Ian’s guests have experience of giving Part 35 expert evidence in the English Courts. Ana, Gerben, and Thomas answered these questions about limitation in their jurisdictions: What starts the limitation clock…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 15 Jun, 2020

Developments in the law on duty of care – Olinga Tahzib published in Journal of Personal Injury Law

Olinga Tahzib published in the Journal of Personal Injury Law. An article by Olinga Tahzib titled ‘Beyond the will-o’-the-wisp: duty of care after the death of the three-stage Caparo test’ has been published in the Journal of Personal Injury Law in June 2020 (J.P.I.Law, 2, 93-98). In his article, Olinga reviews recent developments in the law governing the existence of a duty of care. For nearly three decades since Caparo Industries v Dickman the Courts have treated Lord Bridge’s speech as having laid down a general test, composed of three limbs, for determining the existence of a duty of care. A series of recent cases of the Supreme Court – in particular, Robinson v Chief Constable of West Yorkshire Police…

Legal Blog & Publications, Personal Injury 8 Jun, 2020

Special Accommodation Damages – Where Next?

Carin Hunt published in the Journal of Personal Injury Law. An article by Carin Hunt titled ‘The Cost of Special Accommodation’ has been published in the Journal of Personal Injury Law in June 2020 (J.P.I. Law 2020, 2, 127-134). In her article, Carin discusses the shortcomings of the method for calculating the special accommodation damages payable in serious personal injury claims, which was formulated in Roberts v Johnstone (CA), and which produces a negative figure when a negative discount rate applies. Carin reviews the justification for the formula, its practical application and the scope of the problems it presents. She then presents an alternative starting point for calculating such awards, based on the property’s rental value, and notes mitigation issues.…

Legal Blog & Publications, Personal Injury 5 Jun, 2020

Employment Webinar: Watch Gerard McDermott QC & Will Young discuss PI Claims in Employment Tribunals

Gerard McDermott QC & Will Young Present an Employment Law Webinar on Personal Injury Claims in Employment Tribunals. As part of the 28 barristers – 14 day Employment Law Series, Gerard McDermott QC & Will Young present a Q&A Webinar on Personal Injury Claims in Employment Tribunals. Gerard and Will recently presented this webinar in a series of employment law seminars put together by Outer Temple’s Daniel Barnett. Gerard and Will spoke and answered questions about personal injury claims in the Employment Tribunal – when such claims can be made, and the particular issues that often arise. Much of the discussion focussed on the difficult questions of causation that such claims often involve, as well as the medical evidence required…

Employment Webinars, Webinars & Vlogs 1 Jun, 2020

Ian Denham presents a PEOPIL webinar

Ian Denham speaks in the PEOPIL Travel Law Seminar series. PEOPIL Seminars Ian Denham of Outer Temple Chambers recently spoke about the impact of COVID-19 on the UK’s legal system to members of PEOPIL, the Pan European Organisation of Personal Injury Lawyers. This was the third in a series of webinars hosted by PEOPIL in which lawyers from member countries discuss the effects of COVID-19 in their jurisdiction. Ian explained the UK courts’ approach to case management and remote hearings during COVID-19. He also identified practical problems faced by personal injury lawyers specifically in this context, including the lack of available medical experts and the inability to conduct in-person patient assessments during ‘lockdown’. Finally, he detailed the interplay between COVID-19…

Events, News, Webinars & Vlogs, Travel 13 May, 2020

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