April 2018 #164 – Law Journals

Fundamental dishonesty: To plead or not to plead?

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 …

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Case report: Bussey v Anglia Heating Ltd [2018] EWCA Civ 243

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 …

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Personal injury and relationships: Love and other awkward losses

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 …

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Compromise agreements: No second chances

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 …

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Vaginal mesh claims: Finding liability

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 …

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The electronic bill of costs: Bringing cost drafting into the 21st century

Kate Benn-Mack provides a practical guide to the 6 April changes ‘While the electronic bill is not “pretty“ and as neat as the current paper bill of costs, it does bring it in line with technology and those “tech-savvy“ users will no doubt see the qualities and appeal of the same in comparison to the …

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Retainers: Overcharging solicitors

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Andrew Mckie examines a new breed of claim against PI lawyers ‘If you receive one of these claims, check the original bill to make sure it was delivered correctly under the Solicitors Act 1974.‘ There is a new trend of claims, and this time it‘s directed at the PI lawyers. A number of websites have …

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Costs: QOCS and Part 20 claims

Defendants need to be aware of the potential costs consequences of joining another defendant to the action, as Paul Jones explains ‘Unlike the situation in Plevin and Landau, where there was only ever one underlying dispute, in this case the original dispute with the defendant, for which the claimant had entered into the CFA, and …

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