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Paul Jones examines a case where a successful defendant paid costs due to delayed disclosure ‘The claimant applied to the court for an order for costs in their favour due to, in their submission, the unreasonable conduct of the defendant in failing to disclose relevant documentation at the earliest opportunity and, thereby, causing unnecessary costs …
Continue reading "Costs: Unbefitting conduct"
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Steven Conway explains the recent decision in Katie Cruz v Chief Constable of Lancashire [2016] and why it hopefully signals the dawn of a new age for workplace claims ‘The Court of Appeal rejected the argument that every time a cell door is left open it creates a material risk of injury, stating that the …
Continue reading "Workplace Regulations: Closing the door on strict liability: a new ERRA of realism"
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Asbestosis; asbestos exposure; liability; actionable damage ‘The Master of the Rolls pointed out that there was an inherent contradiction in the University’s case between accepting it had made a 2.3% contribution to a cumulative disease which causes an individual to be worse off and then seeking to argue that this contribution had made no difference.’ …
Continue reading "Case Report: Carder v The University of Exeter [2016] EWCA Civ 790"
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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 …
Continue reading "Serious Incident Investigations: Full disclosure of NHS records"
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Laura Elfield examines the decisions in cases outside the primary limitation period ‘Limitation will only commence once a cause of action has accrued – namely breach of duty and damage that is more than trivial. The date of exposure, on its own, is therefore not the important date for the purposes of limitation but rather …
Continue reading "Limitation Act 1980: Delays in asbestos claims"
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Philip Mead outlines how the court decided which country’s law was applicable to an accident overseas ‘The uncertainty has arisen both because of the peculiar nature of the Ministry of Defence as a potential liable defendant and in relation to the applicability of the conflicts of laws rules in relation to tort.’ In Rai v …
Continue reading "Jurisdiction: The armed services and the conflict of laws"
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Paul Jones explores a case concerning whether a costs order applied to an appeal ‘The intention of the QOCS rules was to afford costs protection to claimants and, therefore, it would not be appropriate to treat the appeal as separate proceedings such that QOCS did not apply.’ It is now over three years since the …
Continue reading "Costs: The appeal of QOCS"
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Late surveillance footage; disclosure; fraud; expert evidence; adjournment ‘The suggestion that there should regularly be a date for the production of surveillance evidence is one to which the claimant’s advisers should give serious consideration.’ This case is an important illustration of the tension between the imperative of procedural discipline on the one hand and the …
Continue reading "Case Report: Hayden v Maidstone and Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB)"
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Maria Mulla reflects on replacement vehicle issues that have been addressed by the court in recent claims ‘Courts may not readily accept that a claimant should be out of pocket (particularly if they are supporting a family) until the issue of liability may be determined, or damages paid by the defendant.’Claims for personal injury involving …
Continue reading "Credit Hire: The latest instalment in the litigation saga"
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In the first of this two part article Robert Weir QC provides an invaluable reference compiling the most significant cases involving liability decisions in the last year ‘Vicarious liability can apply outside of an employment relationship provided that the tort is done by an individual who carries on activities as an integral part of the …
Continue reading "Liability: A catalogue of errors"
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