Personal Injury Cases

Successful PSLA claim

Cara represented the Claimant in an MOJ Stage 3 hearing. Her client was claiming for damages for pain, suffering and loss of amenity (PSLA) and travel expenses. PSLA was awarded at an amount between the offers of both the Claimant and Defendant. The travel expenses were agreed before going into court with the majority of Continue reading

Award of disputed physiotherapy costs

Nicole acted for the Claimant, where liability had been admitted in a road traffic accident. However, the physiotherapy costs were in dispute. Nicole argued robustly that the physiotherapy costs should be award in full against the Respondent as they were properly incurred and the Respondent had not provided any comparative rates despite being given ample Continue reading

PSLA award compromise

Cara acted for the Respondent in an MOJ Stage 3 for assessment of PSLA, physiotherapy charges and loss of earnings following a road traffic accident. Physiotherapy and loss of earnings were awarded in full with PSLA having been awarded between the two parties’ offers.

Incorrect completion of Form N150 results in delay

Cara acted for the Claimant in a personal injury claim against a company based in Hungary due to an accident at work. Permission was not required for service and a Form N150 was filed by the solicitors. However, the N150 was incorrectly completed and so service was not considered effective. The hearing was adjourned to Continue reading

Claim awarded in road traffic accident

Cara acted for the Claimant in a road traffic accident liability case. Liability was denied, and quantum was agreed. The Claimant was proceeding correctly in his lane, and there was a filter lane to turn right which was occupied by another vehicle. The Defendant pulled out of the junction to the right and crashed into Continue reading

Infant settlement approval

Cara represented the Claimant in a case concerning infant settlement approval for a child who sustained dermatitis following the application of temporary tattoos that were difficult to remove. The award had already been agreed and approved by the Judge.

Acting for Claimant against uninsured driver

Cara acted for the Claimant in a fast-track road traffic accident trial. The Defendant was an uninsured driver, so the Motor Insurance Bureau (MIB) had been added as a party. The Defendant, a litigant in person, did not dispute liability but did dispute quantum of the hire charges, the repairs amount (submitting he believed they Continue reading

PSLA Assessment hearing

Cara acted for the Respondent in an MOJ Stage 3 hearing for the assessment of PSLA. The Claimant had offered £2450 and the Defendant £2200. PSLA was awarded at £2450, meaning that cost consequences applied as the Claimant had matched their offer.

Claim for expenses dismissed

Cara acted for the Defendant in an MOJ Stage 3 hearing for the assessment of damages for pain, suffering and loss of amenity (PSLA), medical expenses and miscellaneous expenses following a road traffic accident. PSLA was assessed as per the Claimant’s offer with the claim for medical expenses being properly particularised as a disbursement and Continue reading

Reducing claim for a defendant

Cara acted for the Defendant in an MOJ Stage 3 with a claim for damages for credit hire, removal and storage costs and physiotherapy costs. The credit hire agreement had not been signed until months after the hire had finished and the full documents had not been disclosed. The removal and storage and physiotherapy costs Continue reading

Acting for insurer on Article 75 liability

Cara acted for the second Defendant in a MOJ Stage 3 hearing for a dispute about awards for PSLA, travel costs, medical expenses and insurer outlay. The second Defendant was the insurer on Article 75 liability only and submissions were made around why that meant they were not liable for the insurer outlay. Insurer outlay Continue reading

Claim awarded in full in small claims road traffic accident

Cara acted for the Claimant in a small claims road traffic accident trial whereby the Claimant alleged the Defendant’s car rolled into his following an altercation. The Defendant admitted the altercation but stated no vehicle collision occurred. The Judge found, due to inconsistencies elicited in cross examination of the Defendant, that on the balance of Continue reading

Personal injury trial involving multiple medical experts

Rachel was instructed on behalf of the Defendant in a three-day multi-track personal injury trial where a total of six medical experts had been instructed, two of whom gave oral evidence at trial. After Rachel’s expert cross-examination of the Claimant and their medical expert, quantum was agreed on the Claimant’s behalf in the sum of Continue reading

Representing a Claimant in a belated PI claim

Lavinia represented the Claimant who brought a claim against the Defendant for injuries sustained in a road traffic accident involving the Defendant’s insured. The accident itself was a low impact accident, which occurred when the Claimant was stationary in her motorcar and was hit by the Defendant’s insured, a motorcycle driving at around 30mph. Liability Continue reading

Securing Damages and Part 36 Costs in a Personal Injury Claim

Rachel successfully represented her client, the Claimant, at trial, and secured not only damages for the client but also additional costs and damages under the Part 36 costs’ rules. Rachel’s client had been injured in a road traffic accident and whilst the Defendant driver admitted causing an accident it was suggested by the Defendant and Continue reading

Successfully defending a RTA personal injury claim

Melanie successfully represented the Defendant at a fully contested one-day fast track trial in which liability and quantum were in issue. The court found the Claimant had not discharged the onus of proof, preferred the Defendant’s evidence and awarded costs to the Defendant.

Reasonable compensation for whiplash injury

Lavinia was instructed to represent the Defendant at the hearing to assess quantum of damages for a personal injury, sustained in a Road Traffic Accident. The injury was a relatively minor whiplash injury to the neck with duration of 12 months. The Claimants had valued the injury at £3,900. Lavinia made successful submissions that this Continue reading

Successful Limitation of Claim for Medical Expenses

Rachel acted for the Defendant at the Stage 3 Ministry of Justice hearing of a personal injury matter. Rachel successfully argued that, despite documentary evidence that the Claimant had undergone the number of physiotherapy sessions recommended by a medical expert, the special damages awarded should be limited to the cost of around one third of Continue reading

Assisting negotiations in a damages case for an injured child

Sophie prepared advice in respect of a child claimant involved in an accident at school. The claim brought was one of negligence, and centred on the school’s failure to prevent access to play equipment during poor weather. The child had sustained serious ankle injuries with on-going symptoms some months after the accident. The balanced advice Continue reading

Successful Defence to Application for Wasted Costs

Rachel was instructed to oppose an application for wasted costs arising from a personal injury claim.  The claimant had issued proceedings arising from a road traffic accident. The claim had been withdrawn but not before it had been listed for various hearings and costs had been incurred by the defence. An order for costs had Continue reading

Successful Application for Relief from Sanctions under CPR r.3.9

Rachel was instructed on behalf of the claimant in a multi-track Personal Injury claim. Directions had been set down for exchange of the costs budgets and, whilst Rachel’s instructing solicitors had served theirs, it was unfortunately late. The position was therefore that under r.3.14 the claimant’s costs (estimated to be in the region of £50,000) Continue reading

Successfully defending a claim for loss of earnings

Rachel was instructed by the defendant company to deal with the issue of damages arising from a road traffic accident. As well as claiming damages for the personal injury suffered, the claimant sought to recover over £650 for lost earnings. The claimant provided evidence from her employer, which she argued showed that she had lost Continue reading

Successful limitation of special damages

Rachel represented the Defendant at the final hearing of a personal injury claim where liability had been admitted and the award of damages needed to be decided by the Judge. The Claimant had claimed special damages for alleged losses including the cost of attending the medical expert appointments and general expenses. General Damages of £3,400 Continue reading

Damages claim involving PTSD

Dean acted in a claim for damages for post-traumatic stress disorder, loss of earnings and costs of moving outside the jurisdiction following an incident whereby a car drove through a shop window whilst customers were inside. The client was granted judgment in the full amount claimed.

Claim for General Damages

Ronald acted for a claimant who was injured in a car accident. The defendant denied liability on the basis that the claimant was making a fraudulent claim having conspired with others to cause the accident deliberately. The defendant had commissioned a report from an accident expert who concluded that the accident could not have happened Continue reading

Represented claimant at trial: assessment of damages

Melanie acted for the claimant at trial in a claim for the assessment of personal injury damages following severe injuries sustained in a road traffic accident. Further to Melanie’s submissions at trial, the Court made an award for compensation to the claimant which exceeded the claimant’s own offer of settlement to the defendant.