Archive for January, 2012

Summary of Recent Cases – Costs

Low value RTA claim settled under the terms of a Part 36 offer, the costs were to be assessed under CPR 45 Part II rather than on the standard basis Sandra Solomon v Cromwell Group Plc: Donna Oliver v Sandra Doughty [2011] EWCA Civ 1584, 19/12/11 The appellants, who had been claimants in low-value road […]

January 27, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE Hospital Trust Granted Summary Judgment In Clinical Negligence Claim Where Claimant Debarred From Relying On New Expert Evidence Wright v. Basildon and Thurrock Hospital NHS Trust, QBD, 7/12/11 Judge Stockdale QC (sitting as a deputy High Court judge) granted the Defendant hospital trust summary judgment in […]

January 23, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES Judge Wrong Not To ApplyThe Decision in Copley v Lawn In A Credit Hire Claim Sayce v. TNT (UK) Ltd, CA, 19/12/11 The Court of Appeal held that the judge’s decision, that the Claimant had unreasonably failed to mitigate her loss in failing to accept the Defendant’s offer of a replacement vehicle, was procedurally […]

January 19, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Event Management Company In Breach Of Duty To A Visitor To Santa’s Grotto Dufosse v. Melbry Events Ltd, CA, 14/12/11 The Court allowed the Appellant’s appeal against the dismissal of her claim for damages for a leg injury sustained as a result of tripping and falling over a plastic icicle […]

January 16, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Supreme Court considers asbestos liability… The Construction Index …whilst Northern Ireland Finance Minister announces pleural plaques legislation coming into force… Northern Ireland Government Man jailed for £2.3M personal injury insurance fraud… Warwick Davis Insurance Consultants

January 13, 2012 · Editorial Team · Comments Closed
Posted in: News

Industry News

Ken Clarke announces delay in implementation of legal aid reforms… Law Society Gazette OFT to investigate credit hire and repair… Insurance Post

January 10, 2012 · Editorial Team · Comments Closed
Posted in: News

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

EMPLOYERS’ LIABILITY FOR EXPOSING EMPLOYEES TO ASSAULT 1. Vaile v Havering LBC, [2011] EWCA Civ 246, [2011] All ER (D) 124 (Mar) – the claimant was a teacher at a school for children with learning difficulties. One of the Claimant’s pupils, X, assaulted her twice. In the second incident, the claimant suffered such severe injuries […]

January 4, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

Insurance status of the Defendant from whom an interim payment is sought is irrelevant Donald Berry (A protected party by his wife and litigation friend Carol Berry) v Ashtead Plant Hire Co Ltd & Others [2011], EWCA, Civ 1304, 10/11/11 The word “defendants” in CRP r. 25.7(2)(e)(ii) meant the Defendants against whom an order for […]

January 1, 2012 · Editorial Team · Comments Closed
Posted in: Cases