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Luka Krsljanin explores cases that highlight the exceptions to the default QOCS rules ‘In many cases, the application of the QOCS rules will have stark consequences for a successful defendant – and beneficial ramifications for the unsuccessful claimant.’ This article provides a practical guide to the cases in which courts have considered when the protection …
Continue reading "Fraud: QOCS and fundamental dishonesty"
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John McDonald sets out considerations for practitioners seeking compensation for claimants injured by unidentified drivers ‘If the owner (as opposed to the mere keeper) of the vehicle can be identified, it may be possible to fix them personally with liability for the accident.’Someone has been injured in a road traffic accident and wishes to bring …
Continue reading "Road Traffic Accidents: Owners, keepers and insurers"
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Vicarious liability; breach of duty; protection for victims of tort; employment relationship ‘Technical arguments about employment status will not save a defendant from vicarious liability, since the approach looks at the business reality.’ Who would have thought a generation ago that the prison service would be held vicariously liable for the negligence of a prisoner? …
Continue reading "Case Report: Cox v Ministry of Justice [2016] UKSC 10"
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Andrew Mckie looks at the implications of the proposed changes to the small claims tracks and preparing for the 2017 SCT changes ‘There will undoubtedly become a new battle ground as to whether cases should be allocated to the fast track or small claims track.’ In the Autumn of 2015, the Treasury said the words …
Continue reading "Cost Changes: Highways, occupiers and defective premises claims"
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In part one of this two-part article Martin Littler discusses the arguments and findings in Carol Ravenscroft v Ikea Limited ‘Had the claimant lost the case, the claimant may have lost more than the damages; the claimant was concerned at the loss of her own employment; had a finding of fraud or fundamental dishonesty been …
Continue reading "Fundamental Dishonesty: A forecast for fraud – and a chance of meatballs"
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George Ampat explains that sacroiliac joint dysfunction and low back pain can be a frequently overlooked consequence of road traffic accidents ‘Given the problems […] with regard to diagnosis it is important to instruct the right expert who has the relevant experience to confirm the diagnosis. The most important aspect of diagnosing sacroiliac joint dysfunction …
Continue reading "Missed Diagnosis: The mechanics of injury"
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Deidre Goodwin analyses Eeles applications and the case for reviewing Roberts v Johnstone ‘The leit motif running through reported Eeles and trial decisions is that Roberts v Johnstone [1989] is an imperfect solution.’Has the time come to reconsider the validity of the apparently immutable Roberts v Johnstone [1989] principle in order to provide a fairer …
Continue reading "Interim Payments: Room for rent"
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Paul Jones examines the complications caused when a recent claim was passed to new solicitors ‘In conducting its analysis of the competing positions, the court started from the well-recognised principle that only the benefit of a contract can be assigned, not the burden, but that there were certain limited exceptions where it was permissible.’With all …
Continue reading "Costs: Assignment of conditional fee agreements"
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Jonathan Dingle FRSA analyses Occupiers, Highways, and Defective Premises Claims: a Practical Guide Post-Jackson Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson Author: Andrew Mckie Published by Law Brief Publishing 2015 Price: £49.99 Passing the time of day in St John’s Chambers, I spied the excellent Timothy Grice and was instantly reminded of …
Continue reading "Book Review: Occupying the pitfalls of Jackson"
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Section 41 Highways Act 1980; duty of repair; breach of duty; contributory negligence ‘Although it was not determinative of the appeal, His Lordship also found that the trial judge had been wrong in not making of contributory negligence.’The recent High Court appellate decision in the case of Craig Rollinson v Dudley Metropolitan Borough Council [2015] …
Continue reading "Case Report: Craig Rollinson v Dudley Metropolitan Borough Council [2015] EWHC 3330 (QB)"
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