Archive for April, 2011

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

Motor Fraud Cases Shah v Ul-Haq and Others [2009] EWCA Civ 542 The Court of Appeal held that a finding of fraud in one area of a Claimant’s case was not sufficient in itself to knock out the whole of the claim. However, a Claimant’s credibility may be held to be so damaged by the […]

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

Summary of Recent Cases – Costs

Court awards costs on the indemnity basis following unreasonable appraisal of case The Mayor and Burgesses of the London Borough of Southwark v IBM UK Limited, TCC, 21/03/11 The Claimant had by the end of the trial abandoned its claims in relation to over half it allegations upon which it had relied throughout the proceedings, […]

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

Summary of Recent Cases – Substantive Law

Professional and Clinical Negligence Supreme Court Lift Expert Immunity From Suit Wynne Jones v. Kaney, SC, 31/3/11 The Supreme Court held (by a majority) there was no justification (whether as a matter of public policy or otherwise) which justified the continued immunity of an expert evidence from suit in respect of the performance by that […]

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

Summary of Recent Cases – Substantive Law

DAMAGES Contributory Negligence Of A Claimant Not Available To Defendants In Cases Of The Torts Of Assault And Battery Co-operative Group (CWS) Ltd v. Pritchard, CA, 25/3/11 The Court of Appeal held that in cases of intentional torts of assault and battery, as a matter of law a defendant could not rely on contributory negligence […]

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

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Judge Entitled To Find That Employer’s Failure To Provide Plumber With Non-Slip Mats Was A Breach Of Statutory Duty And Negligent University of East Anglia v. Spalding, QBD, 3/3/11 Spencer J held that a trial judge had not erred in finding that the appellant employer’s failure to provide it’s plumber […]

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

Industry News

Government announces implementation of Jackson reforms… Law Society Gazette House of Commons Transport Committee calls for referral arrangements to be published… Bizezia RTA Portal launches behaviour committee pilot… Claims Standards Council SRA uses new power to publicly rebuke solicitors for the first time… Legal Futures Solicitor criticises ‘absurd’ CFA ruling… Insurance Medical Group Law Society […]

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

Summary of Recent Cases – Civil Procedure

Permission to withdrawal a pre-action admission in the absence of an emergence of fresh evidence Rachel Woodland (by her father and litigation friend Ian Woodland) v (1) Beryl Stopford (2) Deborah Maxwell (3) The Swimming Teachers Association, CA, 16/03/11 The court refused the Claimant’s application to overturn the Courts decision to permit a withdrawal of […]

April 1, 2011 · Editorial Team · Comments Closed
Posted in: Cases