Archive for December, 2013

Summary of Recent Cases – Civil Procedure

A defendant was ordered to provide a witness statement setting out whether it had adequate insurance to fund its participation in group litigation. XYZ v Various sub nom Re PIP breast implant litigation [2013] EWHC 3643 (QB) The Applicant (A) claimed damages in respect of defective breast implants supplied by companies running private hospitals. A was […]

December 27, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Costs

A defendant who applied for summary judgment when he knew, or ought to have known, that his application was not justified was ordered to pay the costs of the application on the indemnity basis. Simmons & Simmons LLP v Hickox [2013] EWHC 2141 (QB) The Claimant (C) issued proceedings against the Defendant (D), claiming outstanding fees […]

December 23, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Costs

Indemnity costs order was made against an employer for making an overly aggressive and unjustified application for specific disclosure and urgent interim relief against a former employee. IFOT Services & Anor v Sherry (2013) QBD (Judge Ralls QC) 26/11/2013 IFOT Services’, the applicant (A), business involved selling tickets for events. A applied for specific disclosure and […]

December 19, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

The Court of Appeal allows appeal against a finding that the relationship between a firm of surveyors and the owners of a shop was not sufficiently proximate to give rise duty of care to those injured by a falling sign. Harrison & Ors v Technical Sign Co Ltd & Ors and Active Commercial Interiors v […]

December 16, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

SRA’s ‘forensic investigation’ into 10 firms over possible breach of referral fee ban… Legal Futures Walker Morris to close PI department… The Lawyer Morgan Cole insurance claims team transfers to DAC Beachcroft… The Lawyer

December 13, 2013 · Editorial Team · Comments Closed
Posted in: News

Industry News

Government to legislate to establish mesothelioma compensation scheme… gov.uk Reaction to Andrew Mitchell MP costs ruling… Litigation Futures Law Society comments on Andrew Mitchell MP costs ruling… Law Society

December 10, 2013 · 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

Public Authorities and Non-Delegable Duties of Care In Woodland v Essex County Council [2013] UKSC 66, the Supreme Court set out the circumstances in which a non-delegable duty of care arises. The Appellant got in to difficulties during a swimming lesson at a school which the Respondent ran. She suffered a serious brain injury and alleged that […]

December 4, 2013 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Civil Procedure

On an application for relief from sanctions under CPR, r.3.9, the court was required to have regard to all the circumstances of the case which included the waste of court time and resources. Biffa Waste Services v Ali Dinler & Ors (2013) 10/10/2013 The Appellant (A) brought a personal injury claim against the Respondent (R) following […]

December 1, 2013 · Editorial Team · Comments Closed
Posted in: Cases