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Paul Jones advises when it is appropriate to issue costs-only proceedings ‘In Knowles v Goldborn, the court concluded that the claimant had failed to make any real or genuine attempt to agree settlement of the claimant’s costs and, therefore, the issue of costs only proceedings was premature.’ Any practitioner who deals with costs will almost …
Continue reading "Costs: Trigger happy"
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Paul Jones examines what the position is when a client loses capacity part way through proceedings ‘If the claimant solicitors had been acting without authority, the fact that the defendant had dealt with them on the basis of their ostensible authority would not give rise to any form of estoppel on the defendant.’ In many …
Continue reading "Costs: Mental capacity and retainers"
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Sally Cowen highlights a recent Court of Appeal decision which held a supermarket was not vicariously liable for the actions of a staff member who attacked a customer ‘The fact that the claimant was assaulted on the defendant’s premises by an employee and that part of his job was to interact with customers, was not …
Continue reading "Employers Liability: Sympathy without compensation"
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Following a more stringent judicial approach provides practical advice on how to vacate a trial due to ill health of a witness ‘The report should have form and shape and be quite clearly something which is based upon the doctor’s knowledge and investigation, and not simply something which is, in reality, a repetition of the …
Continue reading "Applications To Adjourn: The doctor’s note"
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Simon Gibbs advises how to approach offers following the revocation of r47.19 ‘The interrelationship between Part 36, “Calderbank” and open offers remains unclear. Clearly a party who succeeds on a Part 36 offer would normally expect to obtain their costs together with the benefits set out in the rule.’ The Jackson costs reforms have introduced …
Continue reading "Detailed Assessment: Part 36 v Calderbank"
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Lianne Naughton considers the clear message of Mitchell, if you are getting into trouble complying with the court timetable make an application to extend time ‘Applications for extensions of time made before time had expired will be looked upon more favourably than applications for relief from sanctions made after the event.’ The year 2013 saw …
Continue reading "Relief From Sanctions: The true cost of change"
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Anna Macey explores the potentially wide ranging effects of the recent Court of Appeal decision in Haxton v Philips Electronics Ltd ‘Elias LJ held there was nothing in the Fatal Accidents Act or subsequent case law which suggested any reason to distinguish this particular chose in action from any other.’ In this unusual case the …
Continue reading "Fatal Accident Claims: Multiple negligent acts"
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Duty of care; assumption of responsibility; causation ‘If the risk of injury is so slight and remote that it is hardly likely ever to materialise, it may well be that it is not reasonable to expect the occupier to take any steps to protect anyone against it’. Did the defendant college owe a 21-year-old student …
Continue reading "Case Report: Andrew Risk v Rose Bruford College [2013] EWHC 3869 (QB)"
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Ian Peters and Richard Cropper discuss the comlexities of a recent settlement ‘This is a tragic case and Barbara’s life has been changed forever. However the efforts of her legal team have allowed Barbara to return to home to the love and affection of her family.’ This article explains the case of a Brazilian national …
Continue reading "Quantum: Periodical payments to a foreign jurisdiction"
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Deirdre Goodwin discusses the changing litigation landscape ‘The landmark judgment in Mitchell, and those which have followed, definitively welcome civil practitioners to the brave new world of qualified justice where fairness and ‘conscience’ become secondary to awareness of the limitations of court resources and financial expediency.’ The Court of Appeal decision in Mitchell MP v …
Continue reading "CPR: No procedural hiding place – the Mitchell effect"
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