Archive for October, 2010

Summary of Recent Cases – Civil Procedure

Judgment That Insured In Breach Of Contract Not Conclusive As To Whether Insured Had Tortious Liability Omega Proteins Ltd v. Aspen Insurance UK Ltd, QBD, 10/9/10 Clarke J held that in respect of a product liability insurance policy, which contained a clause excluding the insurer’s liability in relation to any contractual liability unless such liability […]

October 25, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES No Damages Recovered In Respect Of Unenforceable Credit Hire Agreement Wei v. Cambridge Power and Light Ltd, Cambridge County Court, 10/9/10 HHJ Maloney QC dismissed the claimant’s appeal against a decision dismissing his claim for credit hire charges. HHJ Maloney QC held that the Cancellation of Contracts Made in a Consumer’s Home or Place […]

October 19, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES 10th Edition of the Judicial Studies Board Guidelines Published In stock now at Amazon. £13.75 Million Damages Awarded To Former Competitive Cyclist The Guernsey Court of Appeal awarded a former Commonwealth competitive cyclist £13.75million in damages for personal injury and loss sustained in a road traffic accident, which rendered him unable to work, driver […]

October 16, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Crown Does Not Owe Non-Delegable Duty Of Care To Prisoners In Respect of NHS Medical Treatment In Prisons Morgan & Anor v. The Crown & Anor, QBD, 3/9/10 Supperstone J held that the Crown did not owe prisoners a non-delegable duty of care in respect of alleged failings of the […]

October 13, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Young to recommend reduction in health and safety burden… BBC ABI recommend implanting Jackson review in full as soon as possible… Post Online Law Society judicially reviews family legal aid contracts… Guardian The changing relationship between solicitors and barristers… Law Society Gazette Law Commission recommends allowing companies defence of ‘due diligence’… Telegraph

October 10, 2010 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Costs

Libel Claim Struck Out As Abuse Of Process On Proportionality Grounds Kasche v. Gray & Anor QBD, 23/7/10 Stadlen J struck out as an abuse of process a libel action in which even if the claimant were successful on liability, she would be awarded only very modest damages which would be so disproportionate to the […]

October 2, 2010 · Editorial Team · Comments Closed
Posted in: Cases