Review announced of discount rate for PI damages 08 December 2016 Ian-Miller Damages, LP Quantum, personal injury, quantum (0) The Lord Chancellor has announced that the discount rate is to be reviewed and the result to be anno [More]
Court of Appeal holds that defendants may owe a duty to safeguard their employees’ reputations when conducting litigation 01 December 2016 Andrew-Warnock-QC (0) In a remarkable decision with far reaching implications, the Court of Appeal held that the Metropoli [More]
The Portal, Fixed Costs and Claims on the Multi-Track 18 November 2016 Andrew-Spencer (0) Since the coming into force of the fixed costs regimes for road traffic accident, employer’s l [More]
Occupiers Liability and highways claims converge 17 November 2016 Jack-Harding (0) In Edwards v London Borough of Sutton (2016) EWCA cCiv 1005 McCombe LJ expressed the view that &ldqu [More]
“Physically prevented” from accessing the court office: a cautionary tale to claimants intending to issue on the day of expiry. 21 October 2016 Max-Wilson courts, cpr, personal injury, practice direction, procedure, Strike Out (0) The case of Kaur v S Russell & Sons Ltd [1973] Q.B. 36 enshrined the principle that if the time [More]
Can a Defendant NHS Trust withdraw from admissions formalised in a consent order? Yes, according to Kelly Marie Simmons v City Hospitals Sunderland NHS Foundation Trust. 21 October 2016 Max-Wilson case report, clinical negligence, cpr, evidence, Experts, medical law, NHS, personal injury (0) The recent High Court decision of Kelly Marie Simmons v City Hospitals Sunderland NHS Foundatio [More]
Late amendments, strike outs, summary judgment & remote heads of loss 14 October 2016 Thomas-Crockett case report, Damages, General, LP Procedure, quantum (0) The High Court has recently handed down judgment in Gonul Guney v Kingsley Napley & Anor [2016] EWHC 2349 (QB). This was a professional liability claim based on the Claimant's retainer of the Defendant solicitors, in respect of litigation concerning the estate of the Claimant’s father. It touches upon a number of issues of interest to those involved in a broad range of civil li... [More]
Government Whiplash Reforms - On Hold? 13 October 2016 Ella-Davis access to justice, insurance, personal injury, politics, road traffic accidents, whiplash (0) The Law Society Gazette is reporting that the Justice Secretary is not intending to proceed with the personal injury reforms set out in last year’s Autumn Statement “at the moment”. We blogged on those proposals at the time here which, as a reminder, were that the small claims track limit should be raised to £5,000 and the removal of the right to general damages for minor ... [More]
No duty to warn of the obvious 12 October 2016 Jack-Harding (0) The Court of Appeal handed down judgment today in the eagerly anticipated appeal in Edwards v London Borough of Sutton (2016). The claim concerned the duty owed by occupiers for structures present on their land. The Claimant was pushing a bicycle over a small ornamental footbridge which passed over a stream in a park owned and occupied by the London Borough of Sutton. The bridge was humped and had... [More]
Zane Gbangbola Inquest - Coroner delivers findings 15 September 2016 Nicola-Atkins (0) The Senior Coroner for Surrey, Richard Travers, has delivered his Findings and Conclusions in the Inquest touching the death of Zane Gbangbola, who died at his home in Chertsey, Surrey, during the night of 7th February 2014. At the time of his death Zane lived with his parents, Nicole Lawler and Kye Gbangbola at no.243 Thameside, a property located adjacent to the River Thames and imme... [More]