Related insights: Casualty Litigation
A claims handler's guide to liquidated damages in construction disputes
26 Apr 2023
Liquidated and Ascertained Damages ("LADs") clauses are a standard feature in construction contracts. They require a contractor or sub-contractor to pay a pre-determined sum to the employer in the event of delay or other default. Not only do they focus parties' minds on completing projects on time but they offer a degree of certainty by defining contractors' liability in the event of a delay, potentially avoiding complex litigation. We look at key issues to be considered in assessing a claim for LADs and arguments which can be deployed in defending the same.
Wasted costs not a vehicle for applications akin to complex professional negligence claims
07 Mar 2023
On 2 March 2023, the Commercial Court handed down a judgment which will be a helpful precedent for those defending wasted costs applications which are effectively a vehicle for an application akin to complex professional negligence claims: King & Ors v Stiefel & Ors. The judgment considers the circumstances in which the court should make a wasted costs order in favour of one party to litigation against the legal representatives of the other and affirms that wasted costs orders should be limited to straightforward cases which can be dealt with summarily. The judgment also confirms that the findings of a judge in an earlier decision from which the wasted costs application arises do not bind a legal representative defending the wasted costs application and are not immune from criticism, on the basis of collateral attack. WBD's Simon Beckwith (who instructed John Taylor KC and Nathalie Koh of Fountain Court Chambers) acted for the successful barrister.
Casualty disputes 2021: six key cases
20 Jan 2022
As we begin 2022, Womble Bond Dickinson looks back at six key legal cases from 2021 which we think will be of particular relevance during the new year to those defending casualty claims.
Occupiers' liability: claims arising from ramps and handrails
22 Oct 2021
English Heritage has successfully defended a claim arising from a visitor tripping on a mobility ramp installed at Brodsworth Hall, a Grade 1 listed property in South Yorkshire. We consider the case law and the obligations of owners and occupiers in this context.
Transport operators and COVID-19 one year on: a new wave of litigation?
19 Feb 2021
In June last year, we published an article on managing the risk of injury claims in light of COVID-19 and the enhanced workplace practices for employers in the public transport industry. We are now nearly 12 months on from the start of the pandemic and, while the majority of the population is still living under tight restrictions, the vaccine roll-out has provided us with the very much needed light at the end of the tunnel. Transport operators are now able to begin to plan for the future with greater certainty and work on a road map back to full operability.
Swift & Carpenter – what does it mean in practice?
16 Oct 2020
The Court of Appeal last week handed down its decision in Swift v Carpenter [2020] EWCA Civ 1295. The issue at stake was the valuing of claims for damages where an injured claimant is obliged to purchase alternative accommodation as a consequence of the injuries suffered. The scope for such an award arises in any claim for long term disability where mobility is affected. Insurers will need to re-assess their approach to such claims and what follows is some practical guidance on the implications of the judgment and we set out the methodology for calculating awards for special accommodation going forwards.
Employers' liability claims for COVID-19 in the workplace: are the floodgates opening?
25 Jun 2020
The coronavirus pandemic is likely to throw up some interesting challenges for employers and their liability insurers. How are the courts likely to approach the novel situation where employees may seek to claim for injuries arising through exposure to COVID-19 in the workplace, and how can employers and their insurers take steps to protect themselves from a tidal wave of claims?
The rise and fall of the personal injury discount rate
14 Jan 2020
On 15 July 2019 the Lord Chancellor announced that the discount rate in personal injury and clinical negligence claims would increase from minus 0.75% to minus 0.25%.
Avoiding a non-party costs claim - considerations for insurers
10 Jan 2020
In October 2019 the Supreme Court unanimously overturned the Court of Appeal's decision in Travelers Insurance Company Limited v XYZ [2019] UKSC 48 on non-party costs orders against insurers. We examine the background to the decision and consider how insurers can avoid non-party costs orders being made against them.
Mixed costs in the era of fixed costs
03 Jan 2020
The application of qualified one way costs shifting (QOCS) is now a well-established feature of the personal injury landscape. But what happens where a claimant brings a "mixed" claim ie a claim for personal injury is included in proceedings for other non-personal injury damages? Does QOCS apply in those circumstances?
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