The impact on Product Liability claims of the Extension of Fixed Recoverable Costs Update 22nd Nov 2021Allocation to Band, Costs, CPR & Courts, Fast Track claims, Fixed Recoverable Costs, FRC, Product Liability, Product LiabilityFOIL
What is demurrage? Update 22nd Nov 2021Damages, Delay in discharging cargo, Demurrage, Liquidated damages, Marine, Separate obligation, The Bonde (1991)FOILK Line PTE Limited v Priminds Shipping (HK) Limited (2021) EWCA Civ 1712
Product Liability Part 1 Update 18th Nov 2021Product Liability, Product LiabilityFOILThis review, published in three parts, provides an update on a diverse range of topics relevant to those who practise, or have an interest in, product liability law.
Travelling as a passenger with a drunk driver Update 16th Nov 2021Alcohol;, Contributory negligence, Driver intoxicated, Legal principles, Mental capacity, Motor, Road traffic accident, RTAFOILCampbell (Protected Party) v Advantage Insurance Company Limited (2021) EWCA Civ 1698
The definitive seaworthiness case Update 11th Nov 2021Articles III rule 1 and IV rule 2(a) Hague Rules, Defective passage plan, Due diligence, Legal principles, Marine, Overseas Law & Brexit, Prudent owner test, Seaworthiness, Shipowners obligationsFOILAlize 1954 and another c Allianz Elementar Verisherungs AG and others (2021) UKSC
Brownlie: the claimant wins (at last) on jurisdiction Update 20th Oct 2021Accident in Egypt, CPR & Courts, Foreign law, Injury, Jurisdiction, Legal, Overseas Law & Brexit, PD 6B, Personal Injury, Tort gatewayFOILFS Cairo (Nile Plaza) LLC v Brownlie (2021) UKSC 45
A child pedestrian may be 10% contributorily negligent Update 20th Oct 2021Causation, Child pedestrian, Contributory negligence, Damages, Fault, Injury, Legal principles, Motor, Unusually low reductionFOILGul (Protected Party) v McDonagh and another (2021) EWHC Civ 1503
The common law defence of illegality Update 19th Oct 2021Assault and battery, Defence of illegality, Employers laibility, Integrity of the law, Legal principles, Patel (2016), Policy considerations, Policy wordings and principlesFOILRO (Protected Party) v Gray and another (2021) EWHC 2770 (QB)
Griffiths v TUI Update 11th Oct 2021Causation, CPR & Courts, Injury, Legal principles, Part 35, Uncontroverted experts reportsFOILWhen is an uncontroverted expert’s report still open to challenge?
Ho v Adelekun: set-off is the same as enforcement under QOCS Update 7th Oct 2021Costs, Costs, CPR & Courts, CPR 44, Damages, Damages, Qualified one-way cost shifting, Set-offFOILHo v Adelekun (2021) UKSC 45
The construction of CPR 25.7(1): interim payments Update 4th Oct 2021Construction, CPR & Courts, CPR 25.7(1), Interim payment application, Legal principles, Multiple defendants, Policy wordings and principles, Reservation of rights by insurersFOILButtar Construction Limited v Arshdeep (2021) EWCA Civ 1408
Important information relating to Sahaviriya Steel Industries Limited (SSI) Update 22nd Sep 2021CPR & Courts, Destruction of records, Legal principles, Notice of hearingFOILHer firm acts on behalf of the Official Receiver, who was appointed following a winding-up order made against SSI on 02 October 2015. FOIL has been requested to circulate the following information.