1. NDDL - Lessors for PI lawyers Lessons for ALL PI Lawyers
The Notts and Derby Deafness Litigation ( ); the first Deafness Case in the Supreme Court:
Lessons for ALL PI Lawyers o
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2. 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

3. NDDL - Lessors for PI lawyers

4. 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

5. 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

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

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

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

9. 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

10. Notice of Funding NDDL - Lessons for PI Lawyers
Information which must be provided Costs Practice Direction, para
(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.

11. 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

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

13. NDDL - Lessors for PI lawyers
NDDL - Lessons for PI Lawyers
Thank you.
The End