Archive for July, 2012

Summary of Recent Cases – Costs

It was not permissible to discount a number of failures to comply with the requirements of Part 36 as matters of mere technicality F&C Alternative Investments (Holdings) Ltd & Ors v Barthelemy & Anor [2012] EWCA Civ 843 Rule 36.14 represented a departure from otherwise established costs practice and imposed deliberately swingeing costs sanctions on […]

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

Summary of Recent Cases – Substantive Law

STRIKING OUT CASES FOR EXAGGERATION The Supreme Court handed down judgment in the case of Fairclough Homes Limited v Summers [2012] UKSC 26. The Claimant (C) suffered a fractured ankle in a fall on a building site. He issued proceedings against his employer (D). C succeeded at a liability hearing. The issue of quantum was […]

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

Summary of Recent Cases – Substantive Law

MOTOR INSURER NOT LIABLE FOR SEXUAL ASSAULTS COMMITTED BY THEIR INSURED TAXI DRIVER In the case of Axn and others v Warboys and another [2012] EWHC 1730 (QB) the Claimants (C) were victims of sexual offences committed by the First Defendant (D1), who was a taxi driver. The Second Defendant (D2) was his insurer. C […]

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

Industry News

OFT report finds that ‘dysfunctional’ motor insurance market pushes up premiums significantly … Money Saving Expert Transport Select Committee supports view and backs Competition Commission credit hire investigation… Insurance Post Insurance industry reports increase in the sale of telematics products… Insurance Times Lawyers claim that unpaid work schemes breach human rights… Guardian

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

Industry News

Chairman of Family Doctors Association backs government plan to check whiplash claims… Law Society Gazette Surgeon allegedly charges £250 to ‘fix’ whiplash claim… Daily Mail Scottish referral ban produces UK’s lowest rate in whiplash claims… Insurance Age

July 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

Psychiatric harm caused in the course of a dismissal Eastwood v. Magnox et al [2005] 1 AC 503 – the House of Lords held that where an employee suffered psychiatric harm in the course of being constructively unfairly dismissed, a cause of action for personal injury accrued independently of any statutory remedy which the Claimant might […]

July 4, 2012 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Civil Procedure

Application to set aside judgment dismissed WXY v (1) Henry Gewanter (2) Positive Profile Ltd (3) Mark Burby [2012] EWHC 1490 (QB) 30/05/12 In order to succeed in his application to set aside the judgment three preconditions had to be satisfied, namely that the applicant had not attended the trial for good reason, he had […]

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