Archive for February, 2011

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

Tripping Claims Under s.41 Highways Act Littler v. Liverpool Corporation [1968] 2 All ER 343 The onus on a Highway Authority must not be oppressive: “Uneven surfaces and differences in level between flagstones of about an inch may cause a pedestrian temporarily off balance to trip and stumble, but such characteristics have to be accepted, […]

February 28, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

The court should not take too relaxed an approach when considering late amendments (1) Claire Swain-Mason, David Jonathan Berry & Neil Gordon Kirby (Executors of C J Swain, Deceased) (2) Claire Swain-Mason (3) Abbey Swain (4) Gemma Swain (5) Christa Swain v Mills & Reeve (A Firm), CA, 20/01/11 The Court of Appeal held that […]

February 25, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Costs

Recovery of only 20% of CFA and ATE premium in circumstances in which the party was virtually bound to substantially win with no evidence to justify the calculation of risk Redwing Construction Limited v Charles Wishart, QB,(TCC), 17/01/11 When considering the extent and scope of the recovery of a CFA and ATE in an adjudication […]

February 22, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

Professional and Clinical Negligence Obstetrician Not Negligent In Failing To Continue Or Carry Out Further Cardiotocograph McCoy v. East Midlands Strategic Health Authority, QBD, 18/1/11 Slade J DBE dismissed the claimant’s claim against the defendant for the alleged clinical negligence of one of its obstetricians in not continuing or repeating a cardiotocograph scan on her […]

February 19, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES Claimant Awarded Damages For Wrongful Arrest, False Imprisonment And Assault Okoro v. Commissioner of the Police of the Metropolis, QBD, 17/1/10 Richard Seymour QC (sitting as a Deputy Judge of the High Court) held that the claimant had been subjected to wrongful arrest, false imprisonment and assault in respect of his arrest and detainment […]

February 16, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Duty Of Care Owed By Nightclub In Respect Of Actions Of Third Parties On Premises But Standard Of Care Must Be Just, Fair And Reasonable Everett & Anor v. Comojo (UK) Ltd (T/A The Metropolitan & Ors), CA, 18/1/11 The Court of Appeal held that relationship between the management of […]

February 13, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

‘Crackdown’ on PI advertising begins… Ministry of Justice Jackson LJ sets out his response to Ministry of Justice consultation paper on civil litigation funding… Judiciary of England and Wales Insurers blame ‘whiplash fraud’ and credit hire for 40% annual increase in premiums… Telegraph Government scraps Default Retirement Age… SmallBusiness.co.uk Bar Council calls for prohibition of […]

February 10, 2011 · Editorial Team · Comments Closed
Posted in: News