CA – Law Journals

Road Traffic Accidents: Stop, look, listen

Adam Dyl highlights the importance of foreseeability in the context of determining liability following the recent decision from the Court of Appeal in Scott v Gavigan [2016] ‘While a defendant is not liable for damage that was not reasonably foreseeable, it does not follow that he is liable for all damage that was reasonably foreseeable.’Drivers …

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Serious Incident Investigations: Full disclosure of NHS records

Selena Plowden discusses the legal frameworks and likely objections to the release of documents by an NHS trust ‘In the context of a request for documents in contemplation of litigation, claimant lawyers must consider whether it is right that these documents should be withheld and the legal basis for any such claim.’ This article addresses …

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Wasted Costs: Proceed with caution

Frances Bailey examines criteria for a wasted costs order and best practice when adding a third party ‘The power to make a wasted costs order is a discretionary one and the court exercises that discretion both at the hearing, to show cause as to why a wasted costs order should not be made, and at …

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