Split trials, liability and undersettlement: Nicholas A Peacock explains how two recent decisions impact on personal injury and professional negligence practitioners

Two recent High Court cases in which lawyers were sued in respect of their conduct of personal injury litigation raise issues surrounding split trials and the pressures which can be brought to bear. The cases are useful for personal injury practitioners and for professional negligence practitioners.

Hickman v Blake Lapthorn [2006] All ER (D) 67

H was injured in a road traffic accident in September 1995. He was not wearing a seat belt. He sustained severe head injuries and did not regain consciousness for a number of days. B, the driver of the vehicle in which H was a passenger was subsequently convicted of dangerous driving; at the time of the accident, B was subject to a period of disqualification.<...

Jean Yves

IICJ

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