19/09/22. T he court rejected the Claimant’s arguments that the Defendant school was vicariously liable for torts committed against her by an 18-year-old who she met while he was on work experience placement at her school.
Facts
The Defendant is a co-educational secondary school, and the Claimant...
15/09/22. The Court of Appeal considered the circumstances in which local authorities owe a duty of care to children to whom ...
19/08/22. The Court of Appeal has in ST v BAI (SA) [2022] EWCA Civ 1037 considered the approach to be taken to applications und...
17/08/22. Provisional damages can be awarded where a claimant’s prognosis is uncertain. By way of a provisional damages order...
23/05/22. This book is designed to be a succinct overview of the key features of cycling litigation. It looks at cyclists as ...
19/01/23. Benford v East and North Hertfordshire NHS Trust [2022] EWHC 3263 (KB) considered whether a trial should be adjourned on the assertion that the assessment of future los...
12/01/23. Munira Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB)
The Claimant (and Appellant) was arrested by police officers and then detained at a police...
16/12/22. Smith v Backhouse [2022] EWHC 3011 (KB) considers whether the Court can refuse to accept undertakings which a party has agreed to provide to the Court as part of the se...
14/12/22. Atmani & Ors v Royal Borough of Kensington & Ors [2022] EWHC 2618 (KB) - The court considered the costs consequences of the decisions made in a CMC. The court o...
01/12/22. Case Name: G v C
Accident Date: 12/11/2020
Settlement Date: 26/04/2022
TOTAL GROSS SETTLEMENT: £6,000.00
Background and Liability
G was aged 54 at the time of her road traff...
25/11/22. After succeeding on the substantive personal injury claim, the Claimant sought indemnity costs against the Defendant. While the Judge accepted that the Defendant’s cond...
23/11/22. Achille v Lawn Tennis Association Ltd [2022] Ewca Civ 1407
Introduction
As Males LJ explained at [4], ‘CPR 44.15 allows a defendant to enforce a costs order made against a...
09/11/22. Case Name: W v L
Accident Date: 24/12/2018
Settlement Date: 20/07/2022
TOTAL GROSS SETTLEMENT: £35,000.00
Background and Liability
The Claimant, aged 51, was involved in a r...
20/10/22. Barrow (By His Litigation Friend and Grandfather Mr Hugh Barrow) & Ors v Merret and Anr [2022] EWCA Civ 1241. The Claimant unsuccessfully appealed the dismissal at ...
18/10/22. Mr Justice Bourne considered the application of QOCS protection to claimants who have brought ‘mixed’ claims i.e. a claim for both personal injury damages and other spe...
06/10/22. Case Name: S v M
Accident Date: 30/09/2020
Settlement Date: 28/04/2022
TOTAL GROSS SETTLEMENT: £6,675.00
Background and Liability
S, at the age of 39, was involved in a road...
20/09/22. A claim for damages for personal injuries had settled for £5,000 by a consent order (“the Order”). The Order provided that the Defendant would pay the Claimant “ such co...
16/09/22. Under section 1(1) of the State Immunity Act 1978, ‘[a] State is immune from the jurisdiction of the courts of the United Kingdom except as provided in the following pr...
07/09/22. Case Name: B v X
Court Name: Nottingham County Court
Accident Date: 04/03/2017
Settlement Date: 11/02/2022
Total gross settlement: £110,000.00
Background and Inju...
14/07/22. In Woodger v Hallas ,[1] the Defendant appealed against the trial judge’s failure to dismiss the claim in its entirety following a finding that the Claimant had been fund...
17/06/22. The case concerned an appeal against the order of Recorder Bright QC dismissing a claim for personal injury suffered by Mr Hill (“the appellant”) in the course of his d...
14/06/22. In Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors, the First, Third, and Fourth Defendants applied for an order striking out the claim against them on the g...
30/05/22. On 21st April 2022, before HHJ Lethem, helpful guidance was provided to assist County Courts commonly falling into error in refusing expenses to Litigation Friends who ...
25/05/22. In EXN v East Lancashire Hospitals NHS Trust , the court considered the proper approach to the failure of a party to comply with the rules relating to notice that a claim...
20/05/22. In a joint decision, Holroyde, Stuart-Smith and Warby LJJ held that Freedman J had not erred in granting relief from sanctions after the Respondent made an informal ora...
23/01/23. In Taylor v Raspin [2022] EWCA Civ 1613, the Court of Appeal gave guidance on reasonable driving and the adjudication of road traffic litigation.
As William Davis LJ sum...
17/01/23. Menzies v Oakwood Solicitors Limited [2022] EWHC 3199 (KB) considered the approach to a solicitor’s deduction under a conditional fee agreement (“CFA”). On the particul...
06/01/23.
Case Name: T v S
Accident Date: 08/08/2019
Settlement Date: 19/07/2022
TOTAL GROSS SETTLEMENT: £31,000.00
Background & Liability
The Claimant aged 25, was involved in a ...
19/12/22. In Cable v London Victoria Insurance Co Ltd [2020] EWCA Civ 1015, the Court of Appeal emphasised at [73] that ‘[h]aving established that there was an abuse of process, th...
15/12/22. Correia v Williams [2022] EWHC 2824 - The judgment set out the approach to be adopted in relation to the admission of witness statements for witnesses who do not ...
02/12/22. This is my last article on the new (16th Edition) of the Judicial College guidelines, following earlier articles on Work-related Limb Disorders and Noise Induced Hearin...
24/11/22. CPR Practice Direction 1A on the participation of vulnerable litigation in civil proceedings came into force in April 2021. The High Court (Master McCloud) considered t...
22/11/22. The Soldiers, Sailors, Airmen and Families Association – Forces Help v Allgemeines Krankenhaus Viersen GMBH [2022] UKSC 29
Introduction
The question in The Soldiers, Sailo...
02/11/22. Following my earlier article concerning Work-related Limb Disorders, this article concentrates on changes relevant for assessing damages for Noise Induced Hearing Loss ...
21/10/22. Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB) serves as a timely reminder to practitioners to ensure that they put all points to a witness in cross-e...
19/10/22. The Court of Appeal has recently given an extensive account of the appropriate functioning of the Protocol for Low Value Personal Injury Claims in Road Traffic Accidents...
07/10/22. Case Name: S v H
Accident Date: 30/01/2019
Settlement Date: 22/04/2022
TOTAL GROSS SETTLEMENT: £20,000.00
Background
The Claimant aged 65 at the time of the accident, sustai...
28/09/22. In Simpson v Payne, the Defendant/Respondent (Defendant) was successful before Her Honour Mrs Justice Collins Rice in having the Claimant/Appellant’s (Claimant) appeal ...
22/08/22. In UCP plc v Nectrus Ltd [2022] EWCA Civ 949, the Court of Appeal addressed 'the circumstances in which judges should accede to an application to recuse themselves, and t...
18/08/22. The appeal raised the novel question of whether it is lawful for a party against whom a claim is made (i.e. the defendant to a claim or counterclaim) to enter into an a...
25/07/22. The recent publication of the 16th Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases , has brought a number of cha...
15/07/22. This case dealt with a number of procedural issues including jurisdiction and an extension of time for service of the claim form pursuant to CPR 3.1(2)(a). Michael Ford...
13/07/22. In Doyle v M & D Foundations Building Services Ltd [2022] EWCA CIV 927, [1] the Respondent was injured whilst working on a construction site in the course of his empl...
20/06/22. Does the specific injury or disease which a claimant sustained need to be reasonably foreseeable for liability to be established? Or is reasonable foreseeability of a r...
13/06/22. In Brooks v Zurich Insurance , the Claimant had worked as a maintenance engineer at a paper mill in Enfield. His work brought him into contact with asbestos and, aro...