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.
A new service from DWP CRU Update 20th Sep 2021CRU, Damages, Damages, DWP, InjuryFOILInformation from DWP CRU
Universal Credit Update 13th Sep 2021Certificate of Recoverable Benefits, CRU, Damages, High or apparently unjust sums, Injury, Universal creditFOILA joint FOIL and APIL call for evidence
Vicarious liability Update 9th Sep 2021Abuse & safeguarding, Akin to employment, Employers laibility, Legal principles, Ordinary course of work, Sexual assault, Ss11 and 33 Limitation Act 1980, Vicarious liabilityFOILBlackpool Football Club Limited v DSN (2021) EWCA Civ 1352
The extension of fixed recoverable costs (FRC) Update 8th Sep 2021Costs, CPR & Courts, Damages, Fixed costs, FRC, Intermediate claims, Part 36, Small Claims Track Limits, UpliftsFOILFollowing up on the responses to the 2019 consultation on FRC, the government has now set out its proposals, which largely follow the recommendations made by Jackson LJ.