Archive for November, 2010

PI Practitioner – each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area

Disclosure of Claimant’s medical records – ability of Claimant to object and Defendant to seek order for disclosure from 3rd party Bennett v Compass Group UK and Ireland Limited and Another [2002] EWCA Civ 642 The Court had the jurisdiction to order a claimant to provide all authority so that the defendant could obtain the […]

November 28, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

Guidance As To The Making Of A Committal Order Under CPR r. 71.8 Broomleigh Housing Association Ltd v. Okonkwo, CA, 13/10/10 The Court of Appeal held that the making of a committal order pursuant to CPR r. 71.8 following a judgment debtor’s failure to attend court for questioning about his means, necessitated an exercise of […]

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

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 […]

November 22, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

Professional and Clinical Negligence Cause Of Action In Professional Negligence Claim Against Solicitors Accrued When Fraudulent Property Transaction Was Completed Nouri v. Marvi & Ors, CA, 14/10/10 The Court of Appeal held that in a professional negligence claim by a property owner against solicitors who had been instructed in respect of a fraudulent transfer of […]

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

Summary of Recent Cases – Substantive Law

DAMAGES Measure Of Damages For Negligent Overstatement Of Value Of Property And Market Rent Scullion v. Bank of Scotland Plc, 8/10/10 Mr. Richard Snowden QC, sitting as a Deputy Judge of the High Court, held that the negligent overstatement of both the capital value of a flat and its market rental income by a valuer […]

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

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Interpretation Of Trigger Date For Employers’ Liability Insurers To Indemnify In Mesothelioma Cases Durham v. Bai (Run Off), CA, 8/10/10 The Court of Appeal held that, in relation to mesothelioma claims, where an employers’ liability insurance policy covered employers for “injury sustained” by their employees in the course of their […]

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

Industry news

Lord Young’s Health and Safety review published… Prime Minister’s Office Government moves forward on Jackson… Claims Standards Council Ministry of Justice invites consultation on regulation fees paid by claims management businesses… Ministry of Justice Legal Services Board rules out referral fee ban… Law Society Gazette Ken Clarke sets out cuts in Courts’ budget… Guardian Council […]

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