November 2013 #120 – Law Journals

Breach of duty and causation: Where are we now?

Christopher Sharp QC and Matthew White analyse recent developments and provide practical advice ‘Ultimately it may be judicial pragmatism that provides the key (if not a principled solution) to the apparent conflicts in the case law.’ Must a claimant prove that a defendant’s breach of duty caused their loss before being entitled to recover damages …

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Statutory Reform: Back to the future

Jason Cox reports on s69 of the Enterprise and Regulatory Reform Act 2013 ‘So far as it is possible to ascertain the government’s thinking behind s69 of the Enterprise and Regulatory Reform Act 2013, it appears to be part of an attempt to dismantle the so-called “compensation culture’”. More than 20 years after the introduction …

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Evidence And Procedure: Call the witness

Lianne Naughton considers the problems that arise from badly drafted statements and provides advice how to avoid the pitfalls ‘A witness statement should be the witness’ case nailed tightly shut with all questions answered, leaving little for the opposing barrister to cross-examine them upon.’ We have all heard of Call the Midwife and, as we …

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Conditional Fee Agreements: The gift that keeps on giving

Paul Jones investigates a new battle ground – breach of contract ‘In summary, all three of the grounds for the appeal were rejected by the judge and he concluded that the original decision must stand and the claimant was not entitled to any costs from the defendant.’ The law surrounding conditional fee agreements (CFAs) has …

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Protected Parties: Lack of capacity

Kirsty Allen discusses the Official Solicitor’s role in clinical negligence and personal injury proceedings ‘The Office of the Official Solicitor aims to be a “modern, dynamic organisation delivering high quality and efficient client focused services for vulnerable people”.’The Office of the Official Solicitor is widely known for its work representing patients in Court of Protection …

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Case Report: Matthews v Collins & ors [2013] EWHC 2952 (QB)

Disposal of histological samples; civil proceedings; fair trial ‘It would be good practice for solicitors instructed by claimants in fatal asbestos claims to advise both their clients and the relevant coroner’s office that disposal of histological samples should not be undertaken without confirmation from those solicitors that the samples are not required for the purposes …

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