July/August 2016 #147 – Law Journals

Liability: A catalogue of errors

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 …

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Limitation Act 1980: Delays in asbestos claims

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 …

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Jurisdiction: The armed services and the conflict of laws

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 …

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Costs: The appeal of QOCS

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 …

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Case Report: Hayden v Maidstone and Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB)

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 …

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Credit Hire: The latest instalment in the litigation saga

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 …

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