Archive for the ‘News’ Category

Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696

The Claimant was injured when she was walking along a path in a park and tripped over an exposed tree root. At first instance it was found that the tree root rendered the path dangerous and defective. This finding was not disputed on appeal. The question before the Court of Appeal was whether she had […]

July 23, 2020 · Editorial Team · Comments Closed
Posted in: News

Andrew Foulds (2) Claire Foulds (Both as Personal Representatives of Benjamin Foulds, Deceased) v Devon County Council (HHJ Cotter 2015, 9 January 2015)

A cyclist had suffered head and spinal injuries after losing control of his bicycle and crashed into metal railings atop a low wall. The railings had broken on impact and the Claimant fell down a large drop on to a lower road. The Claimant’s case was that the Defendant local authority owed him a duty […]

February 15, 2015 · Editorial Team · Comments Closed
Posted in: News

Zaman v Paradise UK LTD (2014) 11/12/2014

The Claimant appealed against the decision of a master striking out his claim against the respondent for abuse of process. The master had reached that decision because, amongst other reasons, the Claimant had failed to demonstrate an intention to bring the claim to a conclusion. The decision in Grovit v Doctor [1997] 1 WLR 640 […]

January 15, 2015 · Editorial Team · Comments Closed
Posted in: News

Industry News

Kennedys and Simpson & Marwick call off merger… The Lawyer Reaction to the Government’s second response on the “Cost of motor insurance: whiplash report”… Thompsons Law

January 13, 2014 · 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

A judge had been entitled to refuse to admit expert medical evidence on the grounds that it was served very shortly before trial and that it was not useful. Boyle v Commissioner of Police of the Metropolis [2013] EWCA Civ 1477 The appellant (A) appealed against the dismissal of his personal injury claim arising out of […]

January 4, 2014 · 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

Industry News

Independent medical panels to verify whiplash claims… Daily Mail Government’s asbestos proposals are ‘missed opportunity’…. APIL Manchester PI firms collaborate to buy out market leavers… Legal Futures

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

Industry News

Guideline Hourly Rates Survey 2013… Civil Justice Council SRA opt out of ban on inducements for RTA claims… Law Gazette No increase in PI small claims limit… Law Society

November 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

Contributory Negligence & Admissions of Liability An admission of liability does not preclude the Defendant from making arguments about contributory negligence or causation. It was set out in Pitts v Hunt [1991] 1 QB 24 (and confirmed in Anderson v Newham College of Further Education [2002] EWCA Civ 505; [2003] I.C.R. 212) that it is not possible to make […]

October 4, 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

Nicos Varnavas Hajigeorgiou v Vassos Michael Vasiliou [2005] EWCA Civ 236 The court does not have the power under CPR 35.4 to direct whether parties can instruct experts, but to direct whether parties may call experts at trial. Where a direction gave the parties permission to ‘instruct one expert each’ in a particular field, the direction […]

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