Can a claimant be obliged to join additional defendants? Update 7th Dec 2021Contribution proceedings, CPR & Courts, CPR Parts 19 and 20, defendant's application to join additional defendantsFOILPawley v Whitecross Dental Care Limited and another (2021) EWCA Civ 1827
FOIL President’s Conference 2021 (and Gin Tasting) Update 25th Nov 2021UncategorisedFOILFOIL CEO Laurence Besemer welcomed delegates to the meeting and explained that as there had been no President’s Conference last year, due to the pandemic, rather than looking forward to the incoming President’s year, this year’s conference would look back at FOIL’s achievements over the past year, during the presidency of Jennette Newman.
Liability for an assault by a pupil on a teacher Update 23rd Nov 2021Abuse & safeguarding, Assault, Breach of duty, Causation, Clinical Negligence, Injury, Policy wordings and principles, Risk assessment, TeacherFOILCunningham v Rochdale Metropolitan Borough Council (2021) EWCA Civ 1719
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?
