Archive for the ‘Cases’ Category

Thomas v Hugh James Ford Simey Solicitors [2017] EWCA Civ 1303

Mr Thomas brought a professional negligence claim against his previous solicitors for allegedly settling his claim in respect of Vibration White Finger for an under-value. He argued that he had not received proper advice in respect of special damages (in particular in respect of gratuitous care and assistance received) and so had accepted an offer […]

October 28, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Darrell Baker (A Protected Party by his Litigation Friend Kerry Baker) v British Gas Services and J&L Electrics (Lye) Limited [2017] EWHC 2302 (QB)

The Claimant, an electrician, brought a claim for personal injuries arising out of an electric shock he sustained while repairing a light fitting. As a result of the shock he suffered a cardiac arrest and fell from a height, suffering a severe brain injury. The trial on liability centred on how the defect arose, and […]

October 16, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Woodburn v Thomas – Sen Cts Costs Office (Master McCloud) 11/08/2017

The court provided guidance on drafting bills of costs in details assessments in cases subject to the CPR Part 3 costs budgeting regime. The bill of costs specified costs claimed on a phase-by-phase basis, each phase matching those set out in Precedent H forms. The costs lawyer set out in the CMC phase of the […]

September 25, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Redman v Zurich Insurance PLC and ESJS1 LTD [2017] EWHC 1919 (QB)

The Claimant brought a claim under the Third Parties (Rights Against Insurers) Act 2010 alleging that her husband’s death had been caused by asbestos exposure whilst he was employed by the 2nd Defendant. Her husband had died on 5th November 2013. The Second Defendant was voluntarily wound up on 30th January 2014 and was dissolved […]

August 25, 2017 · Editorial Team · Comments Closed
Posted in: Cases

PT Civil Engineering v Davies [2017] EWHC 1651 (QB)

The appellant (P) appealed against a judgment given for the respondent (D) in his claim for damages for personal injury. D had been working as a self-employed worker, driving a van owned by P. A fire erupted in the vehicle, compelling D to leap from the burning vehicle, thereby sustaining injury. D alleged that P […]

July 28, 2017 · Editorial Team · Comments Closed
Posted in: Cases

JC & A Solicitors Limited v Andeen Iqbal & others [2017] EWCA Civ 355

A firm of solicitors appealed against a decision concerning the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents as it stood before 2013. The solicitors had acted for claimants in 3 claims in which a CNF had been submitted. The defendant in each case had admitted liability and paid Stage 1 […]

July 15, 2017 · Editorial Team · Comments Closed
Posted in: Cases

ABC v St George’s Healthcare NHS Trust & others [2017] EWCA Civ 336

The Appellant’s claim against the Respondent NHS trusts had been struck out on the basis that there was no reasonably arguable duty of care owed to her. She appealed against this decision. Her father had been detained by the Respondents under the Mental Health Act 1983 and the Respondents suspected he might have Huntington’s disease. […]

June 15, 2017 · Editorial Team · Comments Closed
Posted in: Cases

EUI Ltd v Sultan (2017), QBD (O’Farrell J) 12th April 2017

The respondent had made a personal injury claim arising out of an alleged road traffic accident. The applicant was the insurer of the driver who was said to be at fault. Its position was that the accident did not occur as alleged, or at all, and that the respondent’s claim was fraudulent. It had obtained […]

May 28, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Baker v KTM Sportmotorcycle UK Limited & another (2017) CA (Civ Div) (Lloyd Jones LJ, Hamblen LJ), 3rd May 2017

The respondent had purchased one of the appellant’s motorbikes second hand from a dealer. The bike was two years old, fully serviced and with low mileage. The front brake seized in use and the respondent was thrown from the bike leading to injury. His claim against the appellant alleged that his injuries had been caused […]

May 15, 2017 · Editorial Team · Comments Closed
Posted in: Cases

McGeer v Macintosh [2017] EWCA Civ 79

The Court of Appeal (Treacy, Christopher Clarke, Richards LLJ) determined an appeal brought by an HGV driver in which the respondent cyclist had sustained very severe injuries. The HGV driver had been intending to turn left at a junction and as he had done so, the respondent came from behind the appellant’s vehicle and collided […]

April 28, 2017 · Editorial Team · Comments Closed
Posted in: Cases