NDDL - Lessors for PI lawyers Lessons for ALL PI Lawyers The Notts and Derby Deafness Litigation (2003-2010); the first Deafness Case in the Supreme Court: Lessons for ALL PI Lawyers o Theo.Huckle@CivitasLaw.com ..... © theo.huckle@civitaslaw.com

Moss v Courtaulds [2005] Field J Parkes v Meridian [2007] EWHC B1 (QB) Baker v Quantum Clothing Group (No. 1) [2007] EWCA Civ 750 Baker v Quantum Clothing Group (No. 2) [2008] EWCA Civ 823 Baker v Quantum Clothing Group (No. 3) [2009] EWCA Civ 499 Baker v Quantum Clothing Group (No. 4) [2009] EWCA Civ 566 Baker v Quantum Clothing Group [2010] Supreme Court, November

NDDL - Lessors for PI lawyers theo.huckle@civitaslaw.com

Topics for today Liability issues; s29 and common law EL NDDL - Lessons for PI Lawyers Topics for today Liability issues; s29 and common law EL Funding issues Judicial bias Topics

Liability Issues s29 Common Law NDDL - Lessons for PI Lawyers Baker v Quantum Clothing Group (No. 3) [2009] EWCA Civ 499 s29 Common Law 1. Liability issues

s29 Level of Knowledge Reasonable Practicability NDDL - Lessons for PI Lawyers s29 Level of Knowledge Reasonable Practicability 1. Liability issues

Common law Level of Knowledge Acceptable exposure NDDL - Lessons for PI Lawyers Common law Level of Knowledge Acceptable exposure 1. Liability issues

The CFA Meaning of Success Notice of Funding NDDL - Lessons for PI Lawyers The CFA Meaning of Success Notice of Funding 2. Funding issues

Notice of Funding NDDL - Lessons for PI Lawyers CPR44.15 Providing information about funding arrangements A party who seeks to recover an additional liability must provide information about the funding arrangement to the court and to other parties as required by a rule, practice direction or court order. Where the funding arrangement has changed, and the information a party has previously provided in accordance with paragraph (1) is no longer accurate, that party must file notice of the change and serve it on all other parties within 7 days. 2. Funding issues

Notice of Funding NDDL - Lessons for PI Lawyers Information which must be provided Costs Practice Direction, para 19.4 .. (3) Where the funding arrangement is an insurance policy, the party must— (a) state the name and address of the insurer, the policy number and the date of the policy and identify the claim or claims to which it relates (including Part 20 claims if any); (b) state the level of cover provided by the insurance; and (c) state whether the insurance premiums are staged and, if so, the points at which an increased premium is payable. Transitional Provision 19.6 The amendments to ... paragraph 19.4(3) do not apply where the funding arrangement was entered into before 1st October 2009 and ... paragraph 19.4(3) in force immediately before that date will continue to apply to that funding arrangement as if those amendments had not been made.

NDDL - Lessors for PI lawyers NDDL - Lessons for PI Lawyers Notice of Funding Henry v BBC (Costs Capping)[2005] EWHC 2503 (QB) Gray J Moss v Courtaulds [2006] Field J Baker v Quantum Clothing Group (No. 1) [2007] EWCA Civ 750 Baker v Quantum Clothing Group (No. 2) [2008] EWCA Civ 823 Barr v Biffa Waste Services Ltd [2009] EWHC 1033 (TCC) Coulson J 2. Funding issues Arroyo v BP (2010) QBD Snr Master theo.huckle@civitaslaw.com

Pinochet revisited? NDDL - Lessons for PI Lawyers Baker v Quantum Clothing Group (No. 4) [2009] EWCA Civ 566 3. Judicial Bias

NDDL - Lessors for PI lawyers NDDL - Lessons for PI Lawyers Thank you. The End theo.huckle@civitaslaw.com