‘On 11th December 2013 the Court of Appeal gave judgment in Davidson v Aegis [2013] EWCA Civ 1586. The case provides a useful and up to date reminder of the applicable principles when a Court is asked to use section 33 of the Limitation Act 1980 to disapply the primary limitation period in a personal injuries action.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64
‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’
WLR Daily, 12th February 2014
Source: www.iclr.co.uk
Supreme Court, 12th February 2014
‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’
Law Society’s Gazette, 10th February 2014
Source: www.lawgazette.co.uk
‘A former nursery worker has been acquitted over the death of a three-year-old girl in her care. Lydia Bishop got her neck caught in a rope on an outdoor slide in September 2012, on what was her first full day at York College nursery. Sophee Redhead, 25, of York, had denied manslaughter by gross negligence.’
BBC News, 6th February 2014
Source: www.bbc.co.uk
Is Fairchild a Leading case of the Common Law? (PDF)
Per Laleng, Inner Temple Academic Fellow, University of Kent
The Inner Temple, 20th January 2014
Source: www.innertemple.org.uk
Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4; [2014] WLR (D) 19
‘There was no reason of principle or policy why a claimant whose life expectancy had been reduced by the negligence of the defendant should not be able to recover damages compensating her for the consequent reduction in damages for loss of dependency which she was entitled to claim in a separate action against the same defendant under the Fatal Accidents Act 1976 as a dependant of her late husband.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
‘In XYZ v Various [2013] EWHC 3648, Mrs Justice Thirlwall is managing group litigation in which nearly 1000 women seek damages from companies running hospitals for supplying them with defective implants manufactured by the French company, PIP, for use in breast implant surgery. Some of the claimants also bring actions against the providers of credit cards pursuant to the Consumer Credit Act 1984 (as amended by the 2006 Act) and some bring actions against the surgeons who carried out the surgery. The total value of the claims is in the region of £13m plus costs on both sides. The court has held a number of case management hearings culminating finally in a timetable leading to trial in October 2014 on three issues in four sample cases in which Transform Medical Group (CS) Ltd (“Transform”) is, effectively, the lead defendant.’
Hardwicke Chambers, 13th January 2014
Source: www.hardwicke.co.uk
‘In ancillary relief proceedings, the largest assets are frequently the divorcing couple’s matrimonial home and pension rights. Whilst it is usually straightforward to ascertain the value of the former, accurately achieving this for the latter can be a highly technical exercise. Solicitors’ alleged failure to analyse pension transfer values is the subject of a spate of negligence claims currently being brought by former clients. No case is yet to be reported, but it is expected that a number will be during 2014.’
Hardwicke Chambers, 13th January 2014
Source: www.hardwicke.co.uk
‘A divorced couple have been jailed after they stole almost £500,000 from their severely brain damaged daughter’s £2.6 million compensation fund, to finance their “greed and indulgence”.’
The Independent, 17th January 2014
Source: www.independent.co.uk
‘Belhaj and another v Straw and Others [2013] EWHC 4111 (QB) 20 December 2013. The High Court has struck out claims against British establishment defendants for “unlawful rendition”. The doctrine of immunity attaching to an act of state is total bar to that such claims and is not limited by the gravity of the alleged violation of rights.’
UK Human Rights Blog, 14th January 2014
Source: www.ukhumanrightsblog.com
Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508
‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’
WLR Daily, 20th December 2013
Source: www.iclr.co.uk
‘Professional negligence cases frequently deal with claims that arise after an insolvency occurs. During a recent 11 SB insolvency seminar, Lexa Hilliard QC focused on problems that can arise for accountants and solicitors prior to a company entering into a formal insolvency process. This is an area that has attracted little attention but it can be full of pitfalls that we professionals ignore at our peril. In
this ‘Insider’ she summarises herthoughts on what is becoming a very topical issue.’
11 Stone Buildings, December 2013
Source: www.11sb.com
’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’
The Independent, 6th December 2013
Source: www.independent.co.uk
‘The purpose of this article is to consider the increasingly common situation where purchasers buy property in their joint names, subject to an express declaration of trust, and where one party has contributed significantly more towards the purchase price (or may have provided all of the funds for the purchase). The same principles apply whether the purchase is by cohabitees, family members or friends.’
Zenith Chambers, 27th November 2013
Source: www.zenithchambers.co.uk
Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514; [2013] WLR (D) 462
‘Where solicitors were retained by a company to draft new contracts between the company and its executive directors the solicitors breached their duty of care to the company by simply carrying out instructions given by the directors on behalf of the company.’
WLR Daily, 28th November 2013
Source: www.iclr.co.uk
‘Law firms are facing thousands of claims for professional negligence over their involvement in “right to buy” work, it has emerged.’
Legal Futures, 27th November 2013
Source: www.legalfutures.co.uk
‘A High Court judges has sent a strong message to county courts about dealing with applications for relief from sanctions in a case where “a wholesale and flagrant disregard” of directions occurred.’
Litigation Futures, 25th November 2013
Source: www.www.litigationfutures.com
“A group of women who are taking legal action against police chiefs over claims they were tricked into forming long-term relationships with undercover spies have lost their fight to have part of their case heard in public.”
The Guardian, 5th November 2013
Source: www.guardian.co.uk
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