Archive for the ‘Cases’ Category

Newham London Borough Council v Arboleda-Quiceno QBD (Lambert J) 31/07/2019

In 2015, the Claimant injured his knee whilst playing football on an AstroTurf pitch in the local authority’s recreational grounds. He alleged in a pre-action letter that the injury had occurred due to a hole in the AstroTurf, and that the Defendant had breached its duty of care by inadequate inspection and maintenance of the […]

October 10, 2019 · Editorial Team · Comments Closed
Posted in: Cases

Buster Angus Stark v Tabitha Lyddon [2019] EWHC 2076 (QB)

On 29th August 2016, a road traffic accident occurred when the Defendant turned right, out of a car park, across the path of the Claimant’s motorcycle. The Claimant T-boned the Defendant’s car at the rear offside passenger door. The Claimant was thrown over the top of the car, and landed some way down the road, […]

September 15, 2019 · Editorial Team · Comments Closed
Posted in: Cases

Astex Therapeutics Ltd v Astrazeneca AB [2018] EWCA Civ 2444

In this case the Respondent had made an offer which was significantly more favourable to the Appellant than the outcome that the Appellant achieved at trial. However, the offer was not made under CPR Part 36 and therefore there were no automatic costs consequences (following F&C Alternative Investments (Holdings) Ltd v Barthelemy [2012] EWCA Civ […]

December 28, 2018 · Editorial Team · Comments Closed
Posted in: Cases

Andrew Graeme Waring v Mark McDonnell (unrep., Brighton County Court, 6 November 2011)

The Claimant and Defendant had been cycling in opposite directions and collided head-on. Both sustained personal injury and brought claims for damages. The Judge found for the Claimant and dismissed the Defendant’s counterclaim. It was held that the Defendant was not entitled to the protection of qualified one-way costs shifting in relation to the costs […]

December 15, 2018 · Editorial Team · Comments Closed
Posted in: Cases

Livewest Homes Ltd v Bamber [2018] EWHC 2454 (QB)

The Respondent wanted to oppose an appeal against a possession order, both on the ground relied upon by the first instance judge in his judgment, and/or upon a different basis rejected by the judge at first instance. The Respondent had not filed a Respondent’s Notice to uphold the lower court’s decision “for reasons different from […]

November 28, 2018 · Editorial Team · Comments Closed
Posted in: Cases

Lewis -v- Tinsdale & the Motor Insurers Bureau [2018] EWHC 2376 (QB)

In Lewis -v- Tinsdale & the Motor Insurers Bureau [2018] EWHC 2376 (QB), the Claimant suffered serious injuries when he was walking on private land and hit by an uninsured Nissan Terrano 4 x 4 vehicle. The First Defendant was debarred from defending the claim and judgment was obtained against him. The Court considered whether […]

November 15, 2018 · Editorial Team · Comments Closed
Posted in: Cases

(1) LXA (2) BXL v (1) Cynthia Willcox (As personal representative of the estate of Edward Willcox, Deceased) (2) Cynthia Willcox [2018] EWHC 2256 (QB)

In (1) LXA (2) BXL v (1) Cynthia Willcox (As personal representative of the estate of Edward Willcox, Deceased) (2) Cynthia Willcox[2018] EWHC 2256 (QB), issues of questioning by the court in the absence of a party, s.33 of the Limitation Act 1980 and the valuation of damages in a historical child sexual abuse case […]

November 4, 2018 · Editorial Team · Comments Closed
Posted in: Cases

UK Insurance Limited v Stuart Gentry [2018] EWHC 37 (QB)

The Claimant insurer brought tort of deceit and committal proceedings arising out of an alleged accident in March 2013. The Claimant had settled the pre-accident value of the Defendant’s vehicle in the sum of £14,000 and the Defendant had brought further claims for PI and hire of a replacement vehicle. These damages were assessed in […]

February 28, 2018 · Editorial Team · Comments Closed
Posted in: Cases

London Organising Committee of the Olympic and Paralympic Games v Haydn Sinfield [2018] EWHC 51 (QB)

LOCOG appealed against a finding of a Recorder that a Claimant was not fundamentally dishonest for the purposes of section 57 Criminal Justice and Courts Act 2015. The Claimant brought a claim for personal injuries caused whilst he was volunteering at the Olympic Games. The Recorder found that the Claimant had been dishonest in fabricating […]

February 15, 2018 · Editorial Team · Comments Closed
Posted in: Cases

CN and another (through their Litigation Friend the Official Solicitor) v Poole Borough Council [2017] EWCA Civ 2185 (unreported)

The claimants and their mother were placed in local authority housing. The first claimant suffered from severe physical and learning difficulties, and was a child ‘in need’ for the purposes of s.17 of the Children Act 1989. The second claimant was also a child. The defendant was allegedly aware of a family housed in nearby […]

January 28, 2018 · Editorial Team · Comments Closed
Posted in: Cases