News Category 2
The Mesothelioma Bill - Jamie Hanley, Pattinson & Brewer
02/12/13. Jamie Hanley, partner at Pattinson & Brewer and Labour’s parliamentary candidate for his home seat of Pudsey, comments on the Mesothelioma Bill. Today, Parliament considers the second reading of the Mesothelioma Bill and I very much welcome the Labour Party’s support for this Bill and their ongoing commitment to support the plight of asbestos victims.
Mesothelioma is a form of cancer caused by exposure to asbestos – it is always fatal and tragically leads to a painful lingering death for the victim. It is a long-tail disease, which means people exposed to asbestos many years ago, are only now discovering the consequences of their employers’ negligence.
The Mesothelioma Bill seeks to provide the legislative framework for a UK-wide Diffuse Mesothelioma Payment Scheme to make...
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Case Closed on the Cancellation Regulations? - Aidan Ellis, Temple Garden Chambers
30/11/13. The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 render certain agreements between a trader and consumer unenforceable, if the consumer was not provided with a correctly drafted notice setting out his right to cancel the agreement. In cases such as Wei v Cambridge Power and Light(10 September 2010), the courts began applying the Regulations to credit hire agreements with the result that many were deemed unenforceable. Credit hire organisations responded in a variety of ways. In revised standard contracts, they either sought to comply with the Regulations by incorporating cancellation notices (which provoked a flurry of litigation about the meaning of...
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The Dangers of Unreasonably Refusing to Mediate: PGF II SA -v- OMFS Company 1 Limited - Kate Andrews, Browne Jacobson LLP
29/11/13. Kate Andrews considers the recent Court of Appeal decision in PGF II SA –v- OMFS Company 1 Limited (2013); its importance for those involved in litigation and the adverse costs consequences that can result where a party unreasonably refuses, or ignores, a request to mediate.
Background
The case of PGF related to dilapidations, with the parties to the proceedings being a landlord and tenant of three floors of a commercial property in London. During the course of proceedings, the defendant made a part 36 offer. The claimant responded by requesting (in a detailed letter suggesting dates and mediators) that the parties mediate. The defendant did not...
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Holiday Claims: Hotel Structure: Local Standards and How These Are Determined - Andrew Spencer, 1 Chancery Lane
27/11/13. The Court of Appeal handed down judgment in the landmark case of Japp v Virgin Holidays [2013] EWCA Civ 1371, dismissing the Defendant’s appeal and upholding the first instance finding of liability. This is now the most authoritative decision on local standards for structural features of hotels in holiday claims. Andrew Spencer represented the Claimant and Sarah Prager the Defendant.
Local standards – when, what, where and how?
Had there been relevant binding building regulations assessment of the local standard would have been straightforward. The Court of Appeal agreed that absent binding regulations, a non-binding code could set the...
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Costs Budgeting: Benefits and Pitfalls - Sue Nash, Litigation Costs Services
25/11/13. The new costs budgeting regime has been described by the current Master of the Rolls as being the key to the Jackson Reforms. Meanwhile, Lord Justice Neuberger when Master of the Rolls stated that: “Excess legal costs has for too long disfigured our civil justice system….. Should [the Jackson Reforms] fail to reduce costs, it seems to me that we will face a stark choice: the rejection of the English Costs Rules and the adoption of either a US-style costs rule or a German-style fixed costs regime”...
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More Articles...
- Homes for Haringey v Barbara Fari and Piper Fari: A New Era in Fighting Fraud - Jennifer Harris & Mark Dyson, Plexus Law
- Whiplash and the Cost of Living - Shirley Denyer, Shirley Denyer LLP & Knowledge Services Consultant for FOIL
- Limiting Costs on Assessment to RTA Protocol Fixed Costs - Matthew Hoe, Jaggards & Taylor Rose Law
- “Enforcing Compliance”: The Stricter Sanctions Regime Post-Jackson - Monika Sobiecki, Pump Court Chambers
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
