This category can only be viewed by members.
Bill Braithwaite QC reports that compulsory alternative dispute resolution may be on the cards ‘The whole object of ADR is that it allows parties to explore existing or novel ways of resolving disputes, not just settling cases when all the costs have been incurred.‘ I‘m very keen on alternative dispute resolution (ADR), and I‘ve used …
Continue reading "Advocate‘s advice: Can we compel people to use ADR?"
This post is only available to members.
Howard Elgot and Abigail Telford discuss a case that ended up in the Supreme Court concerning a procedural issue ‘Those seeking to serve a claim form by any mode should take particular care to comply with the rules and practice directions.‘ In Barton v Wright Hassall [2018], the claimant (C), acting as a litigant in …
Continue reading "Mis-service of the claim form: A triumph of form over substance?"
This post is only available to members.
Are claimants entitled to advocate‘s costs when no advocacy has occurred? Thomas Herbert reviews conflicting case law ‘Where the defendant consents to the substantive application, and also accepts that it must pay the claimant‘s costs (ie where there is no need for any advocacy), is the claimant still entitled to half the Type B costs?‘ …
Continue reading "Pre-action disclosure applications: Much accrued about nothing"
This post is only available to members.
Professional negligence; setting aside a settlement; capacity ‘The judgment emphasises two high thresholds that apply to a claimant in seeking to overturn a first instance decision in a professional negligence case.‘ This is an interesting professional negligence case arising from a settled personal injury claim which is useful to serious injury practitioners not because it …
Continue reading "Case report: Dunhill v W Brook & Co [2018] EWCA Civ 505"
This post is only available to members.
Ruth Kennedy considers the basis upon which liability can be established ‘The general principle is that there is no liability for the wrongdoing of a third party, even where that wrongdoing is foreseeable.‘ This article focuses on liability for pure omissions in tort with a particular focus on public authorities. The general principle of the …
Continue reading "Liability: Pure omissions and public authorities"
This post is only available to members.
James Henry gives invaluable advice on whether allegations of dishonesty need to be formally pleaded ‘It was clear to the judge that the Howletts‘ honesty was in issue and he appears to have stated at the outset of the trial that dishonesty and exaggeration were matters which he would have in mind.‘ It is commonplace …
Continue reading "Fundamental dishonesty: To plead or not to plead?"
This post is only available to members.
Exposure to asbestos; foreseeability of risk; duty of care ‘When determining the risks that an employer should have foreseen, judges should have regard to all the information that a reasonable employer in the defendant‘s position should have acquired at the relevant time.‘ Mr Bussey was employed by the defendant/respondent as a plumber from 1965 to …
Continue reading "Case report: Bussey v Anglia Heating Ltd [2018] EWCA Civ 243"
This post is only available to members.
Karl Hirst discusses heads of loss for this little-talked-about area ‘The law in this area has deep roots in unmarried claimants claiming for loss of marriage prospects where they can prove that the injury will probably prevent or substantially reduce the claimant‘s prospects in future.‘ One of the key functions required of any personal injury …
Continue reading "Personal injury and relationships: Love and other awkward losses"
This post is only available to members.
Andrew Roy considers the implications of a recent High Court decision on impecuniosity ‘Had the claimant been impecunious his proper course, with reference to the need for finality in litigation, was to seek an adjournment of the hearing below.‘ In Wadhwani v Ingenious Media Holdings Ltd [2018] HHJ Walden-Smith, sitting as a judge of the …
Continue reading "Compromise agreements: No second chances"
This post is only available to members.
Mamta Gupta reports on complications caused by vaginal mesh treatment and highlights two litigation pathways ‘The two main areas of clinical negligence are first, a failure to obtain informed consent and secondly, substandard surgical placement of the mesh or tape.‘ The litigation of vaginal mesh is becoming more and more widespread. This may be as …
Continue reading "Vaginal mesh claims: Finding liability"
This post is only available to members.
