PIBULJ
PI Practitioner, September 2013
16/09/13. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Simply fill in your email address at the top right of this website.
Contributory Negligence & Admissions of LiabilityAn admission of liability does not preclude the Defendant from making arguments about contributory negligence or causation. It was set out in Pitts v Hunt[1991] 1 QB 24 (and confirmed in...
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CPRwatch: Relief From Sanctions - Ian Miller, 1 Chancery Lane
15/09/13. Does the original checklist under rule 3.9 (relief from sanctions) have any role now? That question was considered by Hildyard J in Thevarajah v Riordan(9th August 2013, unreported). The Claimant sought to strike out the Defendant’s Defence for failure to comply with an unless order in relation to disclosure. The Defendant sought relief from sanctions under CPR r. 3.9. The Defendant admitted that he had failed to give disclosure as ordered and the judge found that there were serious failings...
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No Liability for Kart Accident: Duties of Care & Vicarious Liability - Ivor Collett, 1 Chancery Lane
14/09/13. In an interesting survey of the principles giving rise to duties of care and vicarious liability, Mrs Justice Swift has handed down a liability judgment in a catastrophic injury case brought against various categories of defendant. The claimant was injured when her scarf got caught up in the rear axle of a 4-stroke engine go-kart. She had been one of a party of six friends in their twenties who took a kart belonging to one of them for recreational use on a newly-constructed local car park which they used. The basis for her complaint against all defendants was...
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Tracing Historic Insurance Companies - Daniel Easton, Leigh Day
12/09/13. A “how to” guide on tracing insurance companies should be every asbestos practitioners’ best tool. Perhaps the biggest challenge Claimant disease practitioners face is a potential defendant that has disappeared in the mists of time. No claim can proceed without a paymaster and therefore the next target in the claimant’s solicitors’ attack is the defendant’s insurer.
Unfortunately, the requirement to maintain insurance information can only apply to live companies and no obligation to maintain insurance can be placed on a company that is no longer there...
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Ending the Postcode Lottery: New Coroners Rules - Kirsty Real, Albion Chambers
11/09/13. New Coroners Rules came into force on 25th July 2013. Many of these simply reiterate, modernise or simplify old rules and principles, such as entitlement to examine witnesses and the order in which this should be done, a power to disallow irrelevant questions, a prohibition on addressing the Coroner as to the facts, and giving directions to a jury.
New developments include the formal creation of pre-inquest reviews, a power to receive evidence via video link or from behind a screen, a time limit for concluding inquests and a regime for...
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More Articles...
- Low Dose Asbestos Litigation: Challenges for Practitioners - Niall Maclean, 12 King’s Bench Walk
- Evidential Status of Medical Records & Lifting Babies: Cooper v Bright Horizons [2013] EWHC 2349 (David Pittaway QC sitting as a High Court Judge, QBD) - Ben Posford, Osbornes Solicitors LLP & Daniel Lawson, 9 Gough Square
- Stylianou v Toyoshima and Suncorp Metway Insurance Ltd: Case Comment - Robert Weir QC, Devereux Chambers
- LASPO - Six Months On
![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)
