Personal Injury Briefing: June 2024

Welcome to the latest edition of the Deka Personal Injury team briefing. In this edition we will be focusing on ‘Witness Statements’ and ‘Fundamental Dishonesty and Indemnity Costs.’

Laura Hibberd provides some very helpful guidance through a series of ‘cautionary tales.’  It may be said that there is no perfect way to draft witness evidence, but there is certainly the wrong way! Laura looks at the recent decisions in Brealey v Shepherd & Co Solicitors where the failure to adduce evidence on a key issue in dispute between the parties led to cost consequences; Rainer Hughes Solicitors v Liverpool Victoria is essential reading in relation to cases where translation of documents may be required; Vainker & Anor v Marbank Construction provides helpful guidance as to where witness statements breach PD57AC and  R N Restaurant (Stockport) Ltd, Re outlines how courts may deal with witness statements that are different from the pleaded case.

And Bernard Pressman takes a look at the basis of costs orders, following unproven allegations of fraud and/or fundamental dishonesty following the recent Court of Appeal decision of Hiren Thakkar & Others v Ioan Mican & AXA Insurance. He looks in particular at Lord Justice Coulson’s summary of general principles which are applicable to the award of indemnity costs.

Deka Chambers’ 80 barrister strong Personal Injury team offers outstanding depth and breadth across all levels of seniority. The team is recognised as being at the forefront of both claimant and defendant work, ranked as a Band 1 set by both Chambers & Partners and the Legal 500. We specialise in providing an exceptional service focused on understanding the particular needs of each client and identifying the right strategy to resolve every case.

Read the Briefing in full.