Vilma’s personal injury practice is extensive, including both fast track and multi
track work, for both claimants and defendants and she undertakes CFA work.
She regularly appears in Court in trials
on liability and/or quantum and regularly advises on liability issues, general
and special damages including significant loss of earnings claims. She is
regularly instructed to settle Schedules of Loss where the claims range from at
least £250,000 and upwards.
areas of personal injury work encompass the following:
- Employer’s liability
- Occupier’s liability
Premises Act 1972 and housing disrepair related claims
Vilma has built up a significant
practice in industrial disease and in particular:
- noise induced hearing loss
- work-related upper limb disorders
- asbestos related diseases.
She is involved in all aspects of
litigation from initial advice to drafting, court hearings and trials. She regularly advises on
complex issues of medical causation, breach of duty and limitation.
Vilma regularly writes articles and
provides seminars in this field of work.
Housing Disrepair Related PI Claims
Alongside her PI practice, Vilma also
has an extensive housing law practice and is able to put that to good use when
advising and representing clients who have suffered personal injury as a result
of housing related disrepair or the Defective Premises Act 1972.
This area of work is a part of Vilma’s practice which she particularly enjoys
and she regularly appears in such hearings before the Tribunal. She is also
often asked to settle Schedules of Loss for use at such hearings.
See further below section on Notable
Since the very beginning of her practice
Vilma has dealt with credit hire claims through the small claims courts,
working her way up to fast track and multi track trials.
She has for a number of years now been
regularly appearing in Court, representing both claimants and defendants, in
fast track and multi-track trials where technical issues as to enforceability
of agreements are argued, as well as the more common and obvious points such as
need, duration, period and mitigation of loss, etc.
Vilma is regularly called upon by both
claimants and defendants to advise on the likelihood of recoverability of
credit hire and credit repair charges, and by defendants to settle
Counter-Schedules of Loss where a robust approach to a credit hire claim is
required and all technical points are pleaded.
She regularly lectures on the topic and
writes articles, the most recent being Credit Hire and Credit Repair: Consumer
Contracts Regulations 2013.
- H v K – Advised on medical causation and quantum in a
case where a heamatoma
sustained as a result of a seatbelt injury from a road
traffic accident caused fat
necrosis over the breast and masked the manifestation of
breast cancer, resulting
in delay in diagnosis and the cancer progressing to
the next stage/grade of cancer.
Complex issues of causation had to be raised with the
v S – advised in a case where experts (in different but related fields of
specialism) disagreed as to the diagnosis of chronic pain syndrome; after
carefully drafted written questions were put to them by Vilma, an agreement was
reached between them which brought about a resolution of the case based on only
a slightly reduced value of the claim than that originally pleaded.
v J – Advising client on liability and quantum in respect of a brain injury
arising out of an accident at work where the pleaded value of the claim is £750,000. Due to loss of memory, a favourable
settlement had to be reached on breach of duty arguments. There are more
complex medical causation and factual causation issues relating to the future
loss of earnings claim and future services claim.
v D – advising client in an employer’s liability case where the argument is that he was an
employee of the defendant and not a sub-contractor as claimed by the defendant.
2014: a claim by a young man who as a child suffered emotional abuse, food
deprivation and false imprisonment at the hands of his parents; the argument
raised by CICA was that the ‘abuse’ complained of was not physical abuse and the crimes
the parents committed were not ‘crimes of violence’, which meant that they fell outside the
v CICA – a very significant claim by a man who suffered a brain injury,
resulting in permanent symptoms, a changed personality and lack of cognitive
functioning; Vilma was able to persuade the Tribunal that despite the medical
evidence suggesting that the man would be capable of some limited work, a
different reading of the medical report meant that he would never be able to
work again, hence a very significant future loss of earnings award; the amount
awarded was close to the maximum limit afforded by the Compensation Scheme of £500,000.
- CPR update: rule changes and what’s new with Denton (October 2016)
- Common procedural pitfalls (June 2016)
- Limitation Update (September 2014)
induced hearing loss Quantum (June 2014)
to Asbestosis Claims (March 2014)
induced hearing loss - Breach of Duty (December 2013)
at Work post-Enteprise and Regulatory Reforms Act 2013 (December 2013)
Damage - Hire charges and Repairs (October 2013)
Default Update (September 2012)
the Show on the road: how to negotiate/exploit some common procedural
litigation pitfalls (September 2012)
in RTA cases (March 2012)
- Breach of duty under section 2 of
the Occupier’s Liability Act 1957 (May 2016)
- Abuse of Process (March 2016)
- ‘After settlement of a claim for asbestos-related
disease against two employers, is it an
abuse of process to bring a claim for mesothelioma against a third employers two and a half years later?’ (March 2015)
- Conditional Fee agreements: is there
a cancellation notice attached? (March 2015)
- ‘Section 33 Limitation Act: what periods count when
looking at delay?’ (July
- ‘A car, a bus and a motorcycle are all waiting at
traffic lights: what happens next? A review of a Court of Appeal case on road
traffic liability’ (August 2014)
Hire and Credit Repair: Consumer Contracts Regulations 2013 (October