This category can only be viewed by members.
Jessica Van der Meer, Isabel Barter and Luka Krsljanin provide an overview of how litigation is taking place in these unprecedented times ‘In the absence of any clear order or direction from the relevant court, you should endeavour to agree adjournments of any trials or substantial hearings which cannot be conducted remotely. ‘ All hearings …
Continue reading "COVID-19: Civil litigation in the time of Covid-19"
This post is only available to members.
Simon Hughes and Isabelle Knight examine the implications of the recent Court of Appeal decision in Cowley v LW Carlisle Ltd [2020] ‘The Court of Appeal has now confirmed that the court does have the power to strike out a claim under its general case management powers, independently of jurisdiction arguments.’ In an appeal before …
Continue reading "Procedure: Dissolved defendants"
This post is only available to members.
Stephen Innes discusses the possibility of obtaining some money in advance of final assessments ‘Thought should be given in advance of the hearing as to the amount of the payment on account of costs which will be sought if successful.’ With the upheaval and uncertainty caused by the coronavirus pandemic, it seems inevitable that there …
Continue reading "Costs: Cashflow and the importance of payments on account of costs"
This post is only available to members.
Ian Meikle considers the approach to causation in the clinical negligence case of Schembri v Marshall [2020] ‘Statistics may be the main evidential aid to what would have happened in hypothetical situations, but they are still only trends.’ The Court of Appeal addressed the appropriate approach to causation in a medical negligence case where a …
Continue reading "Causation: Statistics in medicine"
This post is only available to members.
Aidan O’Brien considers the ruling in Putta v Royal Sun Alliance [2020] ‘A judge was entitled to consider the claimant’s available funds, from a range of sources, including current accounts, savings accounts, credit cards and overdrafts.’ The long running battle between credit hire organisations and motor insurers continues to rumble on. Credit hire charges generate …
Continue reading "Credit hire: Testing the limits of impecuniosity"
This post is only available to members.
Expert witnesses; unfit to act; third party costs order ‘Thimmaya stands as a stark reminder of the court’s power to make third party costs orders. There is no reason in principle why such orders cannot be made against expert witnesses.’ As all legal practitioners know, good experts win cases. Conversely, bad experts can not only …
Continue reading "Case report: Thimmaya v Lancashire NHS Foundation Trust (2020) Manchester County Court"
This post is only available to members.
Yes, but the relevance of the inquest is key, says Anthony Searle ‘Despite the difficulties that are frequently encountered by families in their search for funding, Fullick is a reminder that it is possible for the bereaved to recover inquest costs.’ Costs are a vitally important consideration at all stages of personal injury litigation, including …
Continue reading "Costs: Recovering inquest costs in successful civil claims – is it possible?"
This post is only available to members.
Matthew White looks at the risks for employers in light of the decision in Shelbourne v Cancer Research ‘For an employer to be vicariously liable for a wrong it will not suffice for a claimant merely to show some connection between the wrongdoer/wrong and work or the workplace, no matter how tenuous.’ In Shelbourne v …
Continue reading "Vicarious liability: Planning an office party? Read this first."
This post is only available to members.
Paul Sankey provides guidance on the appropriate test for breach of duty after negligence in diagnosis ‘The judge reached the right answer to the straightforward question “did the professional exercise reasonable care and skill?”, but had to use a route through Bolam and Bolitho to get there.’ The test of what amounts to breach of …
Continue reading "Pure diagnosis cases: The test of breach of duty"
This post is only available to members.
Limitation; credibility; prejudice ‘This is an important judgment in relation to evidential prejudice under s33(3)(b) Limitation Act 1980. Defendants in stale claims frequently submit that they have suffered prejudice due to the degradation or loss of critical evidence.’ Under s33 Limitation Act 1980 (LA 1980), the court may disapply the limitation period in a personal …
Continue reading "Case report: London Borough of Haringey v FZO [2020] EWCA Civ 180"
This post is only available to members.
