Should breach of the Working Time Regulations 1998 give rise to civil liability at common law? - Andrew Buchan, Cloisters
The case of Sayers v. Cambridgeshire CC was heard before Ramsey J in February 2006. It is of legal interest because Mrs Sayers claimed that she had been injured by overwork...
Maximising and Minimising Damages - William Latimer-Sayer, Cloisters
In this series of short articles I consider some of the arguments which may be deployed to maximise or minimise commonly occurring heads of loss.
Scope of Highway Authorities’ Duty to Maintain - William Hoskins, 1 Temple Gardens
Section 41(1) of the Highways Act 1980 imposes upon a highway authority a duty to maintain the highway.Section 329 states that...
Superstore Slippers - James Arney, 1 Temple Gardens
Slipping accidents in superstores have been the source of substantial litigation ever since the Court of Appeal’s decision in Ward v Tesco’s [1976] 1 WLR 810...
Time up on Walkley: Horton v Sadler & Another [2006] UKHL 27 - Eliot Woolf, Outer Temple Chambers
For the past 36 years, by virtue of the rule in Walkley v Precision Forgings Ltd 1979] 1 WLR 606, an injured Claimant whose original claim has been struck out...
Model Order for periodical payments in claims against NHS of Foundation Trusts - Susan Rodway QC, 39 Essex Street
All practitioners should now be aware of the new forms of Orders for approval by the court in actions against NHS Trusts in cases involving children or patients.
Electronic Disclosure: When is a Document not a Document? - Ben Leech, 12 King’s Bench Walk
Lawyers have long been familiar with the concept that a document is not simply a piece of paper. By CPR Part 31.4 a document is very broadly defined as...
Credit Hire: A Practical Guide - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House
This article is aimed at those who are dealing with a credit hire case for the first time, or who have not been involved since before the major recent decisions.
Does the Judge Know More than the Expert? - Harry Trusted, Outer Temple Chambers
When is it right for the Court to disregard expert evidence in favour of a "common sense" approach?
The Duties of the Medical Expert and Limitations of the Medical Evidence - Patrick Nee, Whiston Hospital
Medical practitioners are frequently called upon to give an opinion on causation and prognosis in personal injury cases. With the increasing use by insurers of the so-called ‘low speed defense’...