Archive for June, 2012

Summary of Recent Cases – Costs

The costs of cross-application for summary judgment would be reserved pending the outcome of mediation as costs would be one of the central issues to be decided at mediation Adobe Systems Inc v (1) Netcom Distributors Ltd (2) Mussarat Fatima Kosar Bhattic (3) Mahmud Ahmed Bhatti [2012], Ch D, 28/05/12 The costs of the summary […]

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

Summary of Recent Cases – Substantive Law

CIVIL CLAIM DEFENDED ON THE BASIS THAT CRIMINAL CONVICTION WAS WRONG On 01.06.12, Spencer J handed down judgment in CXX v DXX [2012] EWHC 1535 (QB), [2012] All ER (D) 22 (Jun). The Defendant had been convicted of poisoning the Claimant. In the subsequent civil action, the Defendant sought to plead that his criminal convictions had been […]

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

Summary of Recent Cases – Substantive Law

PERSONAL PROTECTIVE EQUIPMENT AT WORK REGULATIONS 1992 On 15.05.12, the Court of Appeal gave judgment allowing the Claimant’s appeal in Blair v Chief Constable of Sussex Police [2012] EWCA Civ 633, 156 Sol Jo (no 20) 31 CA. The Claimant was a police officer who argued that he should have been issued with motocross boots rather than […]

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

Summary of Recent Cases – Substantive Law

MANUAL HANDLING REGULATIONS 1992 On 17.05.12, the Court of Appeal gave judgment allowing the Claimant’s appeal in Ghaith v Indesit Co UK Ltd, [2012] EWCA Civ 642, [2012] All ER (D) 205 (May). The case centred on Regulation 4 of the Manual Handling Regulations 1992, the Claimant having suffered a back injury when clearing out his […]

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

Industry News

‘No one in charge’ when Chiefton tugboat sunk A tugboat crewman drowned in the River Thames in a towing operation where no one had been nominated to be in charge, according to a report. BBC Newquay lift fall man Stephen Dinsdale seeks compensation A man is seeking compensation from a Cornwall hotel for a knee injury […]

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

Industry News

Law Society attacks insurers for failing to pass on £500m savings The Law Society has attacked motor insurers for failing to pass on savings of “well over” 500m from the RTA portal. Solicitors Journal Night shifts raise risk of breast cancer, says Danish research There are calls for Britain to follow Denmark in compensating women who […]

June 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.

General damages for psychiatric harm in assault cases 1. The usual approach is to make a single award for damages at large and aggravated damages in assault cases, rather than making separate awards under each head: see Richardson v Howie [2005] PIQR Q48 per Thomas LJ at paragraph 23. 2. Choudhary v Martins [2008] 1 WLR 617 – Smith […]

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

Summary of Recent Cases – Civil Procedure

A second action making claims similar to those made in an earlier action was an abuse of process where the first action had ultimately been struck out on the merits Peter Abrahams v (1) Alex Begun (2) Levani Khundadze (3) Blix Ltd (4) Suncrest Ltd (5) Rock Dove Ltd (6) Barella Ltd (2012), QBD, 03/04/12 […]

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