Travelling as a passenger with a drunk driver Update 16th Nov 2021Alcohol;, Contributory negligence, Driver intoxicated, Mental capacity, 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, 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, Foreign law, Jurisdiction, 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 202110%, Causation, Child pedestrian, Contributory negligence, Fault, 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, Integrity of the law, Patel (2016), Policy considerationsFOILRO (Protected Party) v Gray and another (2021) EWHC 2770 (QB)
Griffiths v TUI Update 11th Oct 2021Causation, Chain of reasoning, Part 35, Range of opinion, 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, CPR 44, Damages, Enforcement, 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 25.7(1), Interim payment application, Multiple defendants, 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 2021Destruction of records, Notice of hearing, Official ReceiverFOILHer 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.
Universal Credit Update 13th Sep 2021Certificate of Recoverable Benefits, CRU, High or apparently unjust sums, Universal creditFOILA joint FOIL and APIL call for evidence
Vicarious liability Update 9th Sep 2021Akin to employment, Close connection, Ordinary course of work, Sexual assault, Ss11 and 33 Limitation Act 1980, Vicarious liabilityFOILBlackpool Football Club Limited v DSN (2021) EWCA Civ 1352
