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]
Getting your hands on an undisclosed expert report and more 09 September 2016 Ian-Miller case report, Experts, personal injury, Privilege, cpr (0) When the other side wants to change expert are you entitled to their original expert’s reports and other documentation containing the substance of the expert’s opinion? This was the question considered in the case Allen Tod Architecture v Capita Property and Infrastructure Ltd ([2016] EWHC 2171). Unsurprisingly the claimant in that case resisted disclosure on the grounds that the docum... [More]
PI claim by tenant: SC overules CA and Dowding & Reynolds 26 August 2016 Ian-Miller case report, Lord Neuberger, personal injury (0) For years tenants have relied upon Brown v Liverpool Corporation [1969] 3 All ER 1345 when suing landlords for damages for personal injury caused by an accident on external steps or a front path leading to the front door of a house. In that case the Court of Appeal held that the steps were part of the exterior of the dwelling-house. In the case of Edwards v Kumarasamy [2016] UKSC 40, the Supreme C... [More]
Inadequate bundles: a costly mistake... 15 August 2016 Ian-Miller case report, costs, cpr (0) The July edition of Civil Procedure News reports a case in which a claimant's bundles were inadequate, two applications were adjourned and the claimant was ordered to pay the costs of producing properly prepared bundles and the costs thrown away as a result of the adjournment. The claimant had brought three applications for summary judgment on three separate claims. Two of the ... [More]
Fighting fraud 19 July 2016 Ian-Miller access to justice, case report, human rights, road traffic accidents (0) Judgment in the case of Da Costa v Sargaco [2016] EWCA Civ 764 was handed down last week and represents the latest round of the struggle between claimants bringing claims for injury or damage arising out of road traffic accidents and defendant insurers alleging that claims are fraudulent. The case deals with the cogency of evidence required to establish an allegation of fraud, with the inferences ... [More]
Assessing the cost of ATE Premiums 08 July 2016 Thomas-Crockett case report, costs, courts, General, LP Costs, personal injury (0) If anyone needs a reminded why the costs landscape for personal injury litigators has changed so dramatically they may not need look much further than the judgment of the Designated Civil Judge of the County Court at London, HHJ Walden-Smith, sitting with DJ Letham as assessor in the costs case of Banks v London Borough of Hillingdon, which has been commented upon in the legal press. The case co... [More]
The EU Divided - But not as we know it 05 July 2016 Jack-Harding (0) The events of past weeks have brought into sharp focus the seemingly different attitudes held by a majority of the UK population compared to other EU member states. The result, whilst at present uncertain, may well be a full uncoupling of the UK legal system from European law. It is interesting to note, therefore, that even though EU law has for many years moved towards a harmonisation of legal pr... [More]
Clean air: a claim under Article 2? 06 June 2016 Ian-Miller case report, coroners, human rights (0) In February 2013 nine-year-old Ella Kissi-Debrah from Hither Green in South London died after suffering a severe asthma attack. “Can the courts be used to establish that we have a human right to clean air?” asked Nick Robinson on the Today Programme this morning. A report by Royal College of Physicians has apparently linked 40,000 deaths to pollution each year. A successful case ... [More]
Trial advocacy fees recoverable even if the matter settles on the day of trial 01 June 2016 foneill (0) TRIAL ADVOCACY FEE IS RECOVERABLE, EVEN IF THE MATTER SETTLES AT THE "DOOR OF THE COURT" - NEW DECISION FROM THE APPEAL COURT. The appeal court has found that, even where a matter settles “at the door of the court” and so no effective trial has taken place, the fixed trial advocacy fee is recoverable under CPR Pt 45 Pt IIIA. The court further found that a matter could be disposed ... [More]
Trial by ambush? 31 May 2016 Ella-Davis case report, cpr, evidence, procedure (0) In Hayden v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB) Foskett J, albeit with “considerable misgiving”, allowed a Defendant to rely on surveillance footage that had been disclosed so late that it caused the trial date to be vacated. The decision is not so much of interest because of its outcome but for the judge’s more general comments on the issue of when su... [More]