In this podcast episode on boundary disputes, Andrew Williams and Graham Sellers discuss the changing landscape of boundary disputes and the challenges faced by lawyers in advising clients. They highlight the surprising amount of money clients are willing to spend on boundary disputes, the role of experts, the benefits of mediation, early neutral evaluation, boundary agreements and the importance of carefully examining the original conveyance. Takeaways Boundary disputes are still prevalent and clients are willing to spend significant amounts of money on litigation. Lawyers face challenges in discouraging clients from pursuing costly boundary disputes. The use of experts, such as surveyors, can be crucial in advising and presenting a case. Mediation and early neutral evaluation can be effective in resolving boundary disputes. Careful examination of conveyances and consideration of boundary agreements are important in boundary dispute cases. Chapters 00:00 Introduction and the Changing Landscape of Boundary Disputes 02:51 The Impact of Fixed Recoverable Costs 05:10 Boundary Disputes Taking on a Life of Their Own 10:05 The Role of Experts and the Effectiveness of Hot-Tubbing 15:26 The Value of Seeing the Land in Boundary Disputes 17:15 Resolving Boundary Disputes through Mediation and Early Neutral Evaluation 25:30 The Importance of Examining Conveyances and Boundary Agreements

In this episode, Louis Browne KC and Fiona Tinsley discuss a recent case involving a claimant who sustained very serious injuries in a car accident. They explore the challenges of managing a client's expectations and the importance of expert evidence in determining causation and quantum. The claimant had a significant pre-existing medical history, which complicated the assessment of her injuries. The case settled at a joint settlement meeting. The conversation highlights the need for thorough analysis of medical records and effective communication with the claimant throughout the process. Takeaways Managing a client's expectations is crucial in high-value personal injury claims, as the final settlement  will likely not match the sums claimed. Thorough analysis of medical records and expert evidence is essential to determine causation and accurately assess the quantum of damages.In cases involving pre-existing medical conditions, it is important to establish the extent to which, if at all the accident exacerbated or contributed to the claimant's accident related  injuries.Effective communication with the claimant, including explaining complex medical issues in layperson's terms, helps them understand the process and make informed decisions.Joint settlement meetings are often an effective way to resolve personal injury claims, allowing all parties to discuss the issues and reach a fair settlement. Chapters 00:00 Introduction and Overview of the Case 03:22 Extent of the Claimant's Injuries and Pre-existing Medical History 05:50 Obtaining Expert Evidence in Key Disciplines 09:46 Managing Expectations and Explaining Complex Medical Issues 16:31 Balancing Prognosis and Compensation 20:10 Importance of Full and Accurate Medical Records 22:31 The Role of Medical Records in Building the Case 25:20 Challenges in Drafting the Schedule of Loss 27:30 Importance of Joint Settlement Meetings 29:22 The Benefits of Alternative Dispute Resolution 31:10 The Emotional Journey and the Importance of a Fair Resolution

In this episode, the hosts discuss the rise of e-scooters in the UK. They explain the distinction between private and rental e-scooters and discuss the current rules and regulations governing their use. The hosts breakdown the recent statistics on the number of accidents involving e-scooters and explore some of the legal questions arising from the recent case law, including the role the illegality defence may have to play in these claims.    Takeaways E-scooters are becoming increasingly popular and are involved in a significant number of accidents, some of which are fatal. Lack of reporting is masking the dangers of e-scooters. The rules and regulations surrounding e-scooters create a distinction between private and rental e-scooters. Insurance coverage for e-scooters varies depending on whether it is a private or rental e-scooter. Further legislation and regulation is needed to address the growing popularity of e-scooters. Chapters 00:00-04:25 The takeover of e-scooters and recent news stories 04:25-06:15 E-scooters in numbers 06:15-08:32 The distinction between private e-scooters and rental e-scooters 08:32-16:55 Rules, regulations and insurance 16:55-23:15 Recent statistics on accidents involving e-scooters 23:15-27:25 Claims arising out of accidents involving e-scooters 27:25-35:19 The illegality defence, case law and the future

In this podcast episode, Chris Barnes KC and Stuart McCracken discuss military claims and highlight the differences between military and civilian claims. They cover topics such as liability, quantum, loss of earnings, loss of pension, rehabilitation, the Armed Forces Compensation Scheme (AFCS), specific types of injuries, and the importance of expert evidence. They also emphasise the need for specialised knowledge and support in handling military claims. Takeaways Military claims differ from civilian claims in terms of liability and quantum. Fitness standards in the military can impact the severity of injuries and the loss of a military career. Valuing losses in military claims, such as loss of earnings and pension, is more complex than in civilian claims. Rehabilitation plays a crucial role in military claims, but support can be lacking after discharge. The Armed Forces Compensation Scheme (AFCS) provides compensation for injuries during service and should be considered alongside civil claims. Specific types of injuries, such as non-freezing cold injuries and pelvic stress fractures, are more common in the military. Expert evidence is essential in military claims to determine career paths, discharge prospects, and the value of benefits. Bullying claims and heat exhaustion are other issues that can arise in military claims. Handling military claims requires specialised knowledge and support. Chapters 00:00 Introduction to Military Claims 01:32 Differences Between Military and Civilian Claims 06:02 Approaching Loss of Earnings and Loss of Pension in Military Claims 12:00 The Importance of Rehabilitation in Military Claims 18:46 Understanding the Armed Forces Compensation Scheme (AFCS) 26:45 Unique Injuries in the Military

This podcast episode discusses a tragic case involving the death of a baby named Ida and the issues surrounding maternity care. The conversation highlights the lack of transparency and communication from the hospital, which has caused significant damage to the family. The case involves failures in intrapartum care, including incorrect interpretation of fetal monitoring and poor resuscitation procedures. Independent investigations have criticized the hospital's actions, but the Trust has dismissed their findings. The conversation emphasizes the importance of openness, learning, and improvement in maternity care to prevent similar tragedies in the future. Takeaways Transparency and communication are crucial in maternity care to support families and prevent further damage. Failures in intrapartum care, such as incorrect fetal monitoring and poor resuscitation procedures, can have the most serious consequences. Independent investigations play a vital role in identifying areas for improvement and preventing similar tragedies. Hospitals should embrace feedback and recommendations from other organizations to promote learning and evolution in maternity care. Openness and willingness to acknowledge mistakes are essential for building trust and avoiding litigation. Effective multidisciplinary team working and incident reporting are key to improving maternity care and preventing future incidents.

In this podcast episode, Louis Browne KC and Sara Sutherland discuss a recent pre-inquest review hearing and the case it pertained to. They provide details about the deceased, her pre-morbid conditions, and the cause of death. They also discuss the issues that arose in the case and the learning that can be taken from it. The hosts talk about the approach to pre-inquest review hearings, including questions of evidence and how to prepare. They also touch on topics relevant to inquests, such as interested persons, disclosure, expert evidence, jurisdiction, and costs. The episode concludes with a call for feedback and questions from listeners. Takeaways Pre-inquest review hearings are an important step in the investigation process and require thorough preparation. Coroners' inquests are not adversarial proceedings and are focused on conducting a full and fearless investigation into the facts. Expert evidence can be obtained and presented in a coroner's inquest, but it should be relevant and within the correct discipline. Witnesses who are abroad can still give evidence via video links, and steps should be taken to ascertain their willingness to do so. Costs – recoverable in some circumstances but think carefully, where does funding come from?

In the first episode of our personal injury series, Louis Browne KC and Chris Barnes KC speak to Chris Gutteridge about Montgomery and McCullough, and give practical advice and guidance. If you have any requests for future podcast topics, please email marketinginfo@exchangechambers.co.uk