Legal Watch: Personal Injury. February 2014 Issue 007

Size: px
Start display at page:

Download "Legal Watch: Personal Injury. February 2014 Issue 007"

Transcription

1 Legal Watch: Personal Injury February 2014 Issue 007

2 Civil Procedure/Compliance with Directions Almost every day brings more post Jackson/Mitchell cases. Although these are non-personal injury cases we report them because they reflect the current attitude of the courts. In Newland Shipping & Forwarding v Toba Trading FZC and others (2014) EWHC 210 (Comm) the first defendant company and the third defendant (an individual) sought relief from sanctions under CPR 3.9 in respect of an order entering judgment against them. They also sought the variation and/or revocation of the order under CPR 3.1(7). The claimant had claimed sums due from the first defendant, an Iranian-owned company based in the United Arab Emirates, in respect of the supply of oil products. The third defendant was said to be a board member, managing director and an (or the) alter ego of the first defendant. The defaults on which the order entering judgment was based were the following: an allegedly inadequate disclosure list from the first defendant; a failure to file separate disclosure lists on behalf of the first and third defendants; a failure to serve witness statements by 25 October 2013 pursuant to an order made on 26 July Neither of these defendants had attended the hearing on 15 November 2013 at which the order entering judgment was made. They had become involved in a dispute with their solicitors over fees and their solicitors had ceased to act for them. They were reinstructed on 27 November The claimant had brought two actions. They had been ordered to be heard together at a trial fixed for February In This Issue: Civil procedure/compliance with directions Vicarious liability Events Plexus and Greenwoods hold a series of events which are open to interested clients. See below for those being held in the next months: MBIG Seminar Wellcome Collection, London, NW1 2BE Allowing the applications in part, the High Court judge held that for it to be appropriate to exercise the discretion which existed under CPR 3.1(7), the party seeking variation and/ or revocation of the order would usually have to establish one of the following: that there had been a material change of circumstances since the order was made; that the facts

3 on which the order was made had been misstated; that there had been a manifest mistake on the judge s part in formulating the order. Only the second requirement was met here: it was stated that the claim for the price was $4,534,120.48, whereas it was in fact $3,904,060.16; the judgment would be varied so as to reflect the correct figure. It was clear that the judgment entered against the third defendant was a judgment in default rather than a judgment entered on the basis of non-compliance with court orders. He had never acknowledged service. The appropriate procedure for challenging the judgment in his case was CPR 13 and not 3.9. Relief from sanctions under CPR 3.9 would be granted in respect of the second action, since the non-compliance in relation to disclosure and witness statements had occurred only in the first action. Relief from sanctions would be refused in respect of the non-compliance in the first action. The nature of that noncompliance was serious. The defaults in relation to disclosure and witness statements were matters of substance and importance, particularly bearing in mind the February trial date. Further, there was no good reason for the defaults: any difficulties that had arisen as a result of the first defendant s loss of representation were foreseeable consequences of its not being prepared to pay fees which it was able to pay but chose not to. In accordance with the robust approach required under the new form of CPR 3.9 this was not an appropriate case for relief. If the first defendant was to have any recourse in the first action, it would need to be by way of appeal. A second case on this topic is Wahid and another v Skanska UK Plc and another (2014) EWHC 251 (QB). The appellant/claimant claimed to have been injured in a road traffic accident allegedly resulting from the first respondent/defendant s negligence. The first defendant put in issue the genuineness of the accident. On 3 August 2012, an order was made for standard disclosure by lists. The claimant was ordered to provide, by 15 October 2012, copies of any medical reports outlining injuries sustained in any previous road traffic accidents and a signed mandate for the release of his clinical records, among other things. In accordance with the robust approach required under the new form of CPR 3.9 this was not an appropriate case for relief. Following his non-compliance with that order, an unless order was made on 11 December 2012: it was provided that, if disclosure was not made by 3 January 2013, the claimant s claim would be automatically struck out. By an order of 9 April 2013, a district judge declared that the claim stood struck out, having considered written representations from the solicitors acting for the first defendant and from the solicitors acting for the second respondent insurer. The claimant then made an unsuccessful application to set aside the order of 9 April. He then appealed arguing that the automatic strike-out provisions had not been triggered as there had been no breach, or no substantial breach, of the order of 3 August First, his GP s surgery had sent his records to the first defendant on 8 February 2013; had the judge s attention been drawn to that fact, he should have inferred that the records were sent following a request under the mandate. Second, although he had been involved in a previous accident in 2005, he was not in breach of the order of 3 August 2012, as his former solicitors had disposed of a copy of the relevant medical report; he was not obliged to state what efforts had been made to locate the report, as the August order had been for specific discovery and no requirement under CPR 31.12(2)(b) for a specified search had been made. 03

4 Dismissing the appeal, the High Court judge held that the judge who dismissed the claimant s application to set aside the order of 9 April 2013 had not erred in concluding that there was no relevant application before him. The April order merely declared that the claimant s statement of case had been struck out on 3 January There was no application to set aside the striking-out on 3 January or the unless order of 11 December 2012 pursuant to which the claim was struck out....there were no grounds on which it would be proper to grant an extension or relief... The judge had been right to hold that in any event an application for an extension of time would have been required to make an application for relief from the sanction of the December order and that there were no grounds on which it would be proper to grant an extension or relief. A challenge to the validity of the unless order of December 2012 or the consequential automatic strike-out of 3 January 2013 would have to have been made by way of appeal against that order and the automatic strike-out or by way of an application to vary or revoke the December order under CPR 3.1(7). In the interests of finality in litigation, considerations of delay would apply to such an appeal or application. In any event, the claimant s counsel had conceded before the judge that the claimant had not complied with the order to give a medical mandate. He was also in breach of the part of the August 2012 order which required the provision of copies of any medical reports outlining injuries sustained in previous accidents. The requirement was for standard, not specific, disclosure. CPR 31.10(4) provided that the standard disclosure list had to indicate, among other things, those documents which were no longer in the party s control and what had happened to them. The list of documents provided by the claimant did not include such a statement regarding the medical report resulting from the 2005 accident. Comment This case emphasises the need for disclosure lists to be completed properly. The claimant s failure in this case to list the medical reports from his previous claim that had been disposed of, is often mirrored in other cases where claimants cannot produce earnings information which they have lost or destroyed. Rarely are these dealt with in the disclosure lists, as documents no longer in the claimant s control and the reason given for what happened to them. The defaulting party enjoyed a better outcome in Bank of Ireland v Philip Pak Partnership (2014) EWHC 284 (TCC) The defendant applied for an order that the claimant was in breach of CPR 3.13 because it had filed a costs budget which did not contain a full statement of truth. The claimant s costs budget was in the form of Precedent H annexed to CPR PD 3E. Contrary to the claimant s solicitor s normal practice, it had been prepared by an external draftsman, who assured him that it was ready to sign. Acting on that assurance, the solicitor failed to notice that the document did not include the full statement of truth. He signed it and the parties costs budgets were exchanged seven days before the case management conference. An identical form was subsequently served with the full statement of truth included. The claimant argued that as the original budget was in breach of CPR 3.13, the claimant s solicitor required relief from the sanction otherwise imposed by CPR 3.14 and that CPR 3.9 applied. It emphasised the importance of statements of truth and asserted that there was no reasonable excuse for the solicitor s failure and that there should be no relief from sanction. Dismissing the application, the High Court judge held that there was nothing in CPR or the relevant practice direction requiring each and every failure to comply with the formal requirements for budgets as rendering the budget a nullity. The logical consequence of the defendant s argument was 04

5 that every irregularity, even an omitted word or spelling mistake, would make the budget a nullity, which would achieve nothing except to bring the law generally into disrepute. The importance of statements of truth in costs budgeting was not to be underestimated, but it varied depending on context. Their purpose in costs budgets was for solicitors to certify the reasonableness of the budget. The notion that a document which included the words statement of truth and which was signed by the partner of a law firm might nevertheless be a complete nullity was unsustainable. The budget had been filed and served on time; it suffered only from an irregularity that had consequently been rectified. CPR 3.14 was not, therefore, applicable. The logical consequence of the defendant s argument was that every irregularity would make the budget a nullity. If the court was wrong that CPR 3.14 did not apply, relief from sanction would have been granted on the basis that the non-compliance was trivial and a failure of form rather than substance. It would not generally be appropriate to characterise the absence of a statement of truth as trivial but, on the facts of the instant case, the defendant could have been in no doubt that the solicitor signing the budget was intending to certify the costs as reasonable. The case was far removed from one where there had been a failure to file and serve the budget. Newland Shipping & Forwarding v Toba Trading FZC and others (2014) EWHC

6 Vicarious Liability The case of Mohamud v Wm Morrison Supermarkets Plc (2014) EWCA Civ 116 sees the court placing a limit on an employer s liability for the actions of its employee. The claimant/appellant appealed against the dismissal of his claim that the defendant/respondent supermarket operator was vicariously liable for an assault perpetrated by one of its employees. He had specific instructions not to confront angry or abusive customers... The claim arose out of an incident at a petrol station kiosk run by the defendant and staffed by three of its employees. The relevant employee s duties involved assisting customers and ensuring that the shop and petrol pumps were in good running order. He had specific instructions not to confront angry or abusive customers, and he had had training on that subject. On the day in question, the claimant visited the kiosk as a customer and asked, politely, if there was a printing facility. The employee responded by abusing and assaulting the claimant, for no apparent reason and despite his supervisor s attempts to stop him. The issue at trial was whether there was a sufficiently close connection between the assault and the employee s employment to make it fair to hold the defendant vicariously liable. The judge found that there was not. He found that the attack on the claimant was brutal and unprovoked, and that the employee had carried it out purely for reasons of his own. He held that the defendant was not vicariously liable. In his appeal, the claimant submitted that the assault had arisen from his customer/sales assistant interaction with the employee, and that it had therefore been committed within the parameters of the employee s duties, fixing the defendant with liability. Rejecting the appeal, the Court of Appeal held that the judge had correctly focused his attention on the test set out in Lister v Hesley Hall Ltd (2001). The question was whether the connection between the assault and the employment was sufficiently close to make it fair and just to hold the defendant vicariously liable. Each case turned on its own facts, and the authorities from Lister onwards made it clear that careful attention had to be given to the closeness of the connection between the tort and the employee s duties, viewed in the round. The fact that the assault had taken place while the employee was on duty at his place of work was relevant, but not conclusive. The mere fact that the employment provided the opportunity, setting, time and place for the assault was not necessarily sufficient to fix the defendant with liability. Moreover, the fact that the employee s job included interaction with the public did not, by itself, provide the necessary connection. Some factor or feature going beyond interaction between the employee and the victim was required. The decided cases examined the question of close connection by reference to factors such as the granting of authority, the furtherance of an employer s aims, the inherent possibility of friction or confrontation in the employment, and the additional risk of the kind of wrong occurring. Those approaches represented different ways of answering the question, and they were illustrative of the necessary focus. It was important to recognise that, on the judge s findings, the employee had no responsibility for keeping order and he had committed the assault purely for reasons of his own. He had not been given duties which involved the clear possibility of confrontation and the use of force, nor had he 06

7 There was nothing to bring the case within the close connection test so as to enable a finding of vicarious liability. been placed in a situation where an outbreak of violence was likely. Rather, his duties were circumscribed and he had been instructed not to engage in any confrontation with a customer. There was nothing to bring the case within the close connection test so as to enable a finding of vicarious liability. The law was not yet at a stage where the mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was of itself sufficient to fix the employer with vicarious liability. Were the defendant to be held liable for the employee s assault on the claimant, it would mean that in practically every case where an employee was required to engage with the public, his employer would be liable for any assault which followed on from such an engagement. That was a step too far. Mohamud v Wm Morrison Supermarkets Plc (2014) EWCA Civ 116 Other Publications If you would like to recieve any of the below, please indicating which you would like to recieve. Monthly: Legal Watch: Property Risk & Coverage Bi Monthly: Legal Watch: Employment Writes Quarterly: Legal Watch: Counter Fraud Legal Watch: Health & Safety Legal Watch: Marine Legal Watch: Professional Indemnity Legal Watch: Disease Contact Us For more information please contact: Geoff Owen, Learning & Development Consultant T: E: The information and opinions contained in this document are not intended to be a comprehensive study, nor to provide legal advice, and should not be relied on or treated as a substitute for specific advice concerning individual situations. This document speaks as of its date and does not reflect any changes in law or practice after that date. Plexus Law and Greenwoods Solicitors are trading names of Parabis Law LLP, a Limited Liability Partnership incorporated in England & Wales. Reg No: OC Registered office: 8 Bedford Park, Croydon, Surrey CR0 2AP. Parabis Law LLP is authorised and regulated by the SRA.

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 2nd July 2014 Issue: 025 Part 36 As can be seen from the case of Supergroup Plc v Justenough Software Corp Inc [Lawtel 30/06/2014] Part 36 is still the subject of varying interpretations.

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 5th June 2014 Issue: 021 Civil Procedure/Service Of Claim Form There has been a run of cases relating to the service of claim forms and this continues with Kaki v National

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 23rd July 2015 Issue: 071 Part 36 In the commercial claim of Dutton and others v Minards and others [Lawtel 20/07/2015] we have yet another case dealing with Part 36. Former

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 2nd October 2014 Issue: 034 Causation/pre-existing condition The case of Reaney v University Hospital of North Staffordshire NHS Trust and another (2014) EWHC 3016 (QB) deals

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 1st April 2015 Issue: 058 Limitation Insurers who may be faced with claims for historical sex abuse will gain some comfort from the decision in RE v GE (2015) EWCA Civ 287.

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 19th February 2015 Issue: 052 Civil procedure/expert witnesses One of the concerns practitioners have in the post Jackson era is the extent to which the courts will allow time

More information

Legal Watch Personal Injury

Legal Watch Personal Injury Legal Watch Personal Injury February 2014 Issue 006 Civil Procedure/Costs budgeting With costs budgeting proving to be the current hot potato, it is not helpful that two versions of a similar court form

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 15th January 2015 Issue: 047 Public liability The difference between a local authority s powers and its duties was examined in Foulds (Deceased) v Devon County Council [Lawtel

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 10th July 2015 Issue: 069 RTA/liability In previous editions of this periodical we have noted the steady increase in the number of reported cases involving accidents between

More information

Expert evidence. A guide for expert witnesses and their clients (Second edition)

Expert evidence. A guide for expert witnesses and their clients (Second edition) Expert evidence A guide for expert witnesses and their clients (Second edition) Addendum, June 2009 1. Introduction 1.1 The second edition of this Guide was published in October 2003, in order to set out

More information

Legal Watch Personal Injury

Legal Watch Personal Injury Legal Watch Personal Injury February 2014 Issue 005 Civil Procedure/Service Claimants solicitors must always take care to ensure that an effective method is used for serving proceedings, particularly where

More information

Legal Watch What s on the horizon

Legal Watch What s on the horizon Legal Watch What s on the horizon January 2014 Introduction Welcome to the first joint Plexus/Greenwoods review of what the next quarter holds for those involved in personal injury claims. In This Issue:

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 22nd April 2015 Issue: 060 Employers liability In Legal Watch: Personal Injury 49 we reported the case of Dusek and others v Stormharbour Securities LLP (2015) as an illustration

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 1st May 2015 Issue: 061 Ex turpi causa McCracken (Protected Party) v Smith (1); MIB (2); Bell (3) (2015) EWCA Civ 380 is the latest in a line of cases looking at the defence

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 8th August 2014 Issue: 030 Liability/RTA In this publication s predecessor, Greenwoods PI Alert 370, we reported the first instance decision in Landau v Big Bus Co Ltd and

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 12th March 2015 Issue: 055 RTA liability/ex turpi causa The case of Flint v Tittensor (1) and MIB (2) (2015) EWHC 466 (QB) is the latest in a series of claims in which defendants

More information

QBE European Operations Professional liability

QBE European Operations Professional liability QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details

More information

Pg. 01 French v Carter Lemon Camerons LLP

Pg. 01 French v Carter Lemon Camerons LLP Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 6th February 2015 Issue: 050 Public liability/landlord & tenant The case of Edwards v Kumarasamy (2015) EWCA Civ 20 considers the liability of a landlord for personal injury

More information

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and LIMITATION UPDATE 1. Recently, the Courts have been looking at three areas of limitation law and practice. One is when it is permissible to introduce a new claim in pending proceedings after the limitation

More information

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical

More information

ARE WE DOING ENOUGH TO PROTECT PROTECTED PARTIES? LESSONS FOR PERSONAL INJURY LAWYERS FROM THE SUPREME COURT JUDGMENT IN DUNHILL V BURGIN

ARE WE DOING ENOUGH TO PROTECT PROTECTED PARTIES? LESSONS FOR PERSONAL INJURY LAWYERS FROM THE SUPREME COURT JUDGMENT IN DUNHILL V BURGIN ARE WE DOING ENOUGH TO PROTECT PROTECTED PARTIES? LESSONS FOR PERSONAL INJURY LAWYERS FROM THE SUPREME COURT JUDGMENT IN DUNHILL V BURGIN Introduction Policy arguments do not answer legal questions, said

More information

Insight from Horwich Farrelly s Large & Complex Injury Group

Insight from Horwich Farrelly s Large & Complex Injury Group Insight from Horwich Farrelly s Large & Complex Injury Group Issue #2 11 February 2016 Alexander House 94 Talbot Road Manchester M16 0SP T. 03300 240 711 F. 03300 240 712 www.h-f.co.uk Page 1 Save the

More information

Problematic Probate (Part 1)

Problematic Probate (Part 1) Problematic Probate (Part 1) How to avoid a will dispute (and a potential negligence claim). The purpose of this series of articles is to give a litigator s point of view on the validity of wills and other

More information

Court of Protection Note. The Court of Protection and Personal Injury Claims. Simon Edwards

Court of Protection Note. The Court of Protection and Personal Injury Claims. Simon Edwards Court of Protection Note The Court of Protection and Personal Injury Claims Simon Edwards 1. What happens when P brings proceedings for damages for personal injuries, those injuries being, substantially,

More information

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited

More information

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.

More information

Derivative claims against directors - are you at risk? Companies Act 2006

Derivative claims against directors - are you at risk? Companies Act 2006 Derivative claims against directors - are you at risk? December 2010 1 Background It is more than three years since the ( Act ) introduced a new statutory regime for derivative claims. Concerns were raised

More information

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500 www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience

More information

Model Order clinical negligence duty-causation-quantum outside RCJ

Model Order clinical negligence duty-causation-quantum outside RCJ Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal

More information

Legal Research Record

Legal Research Record Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

More information

CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT

CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Introduction CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Submission by the Motor Accident Solicitors Society (MASS) March 2014 1. This response is prepared on behalf

More information

Open, Calderbank and Part 36 offers considerations and tactics

Open, Calderbank and Part 36 offers considerations and tactics Open, Calderbank and Part 36 offers considerations and tactics PJ Kirby QC 1. Introduction 1.1 In detailed assessment proceedings there will, as in all disputes, be advantages in settling the matter in

More information

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between :

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between : Neutral Citation Number: [2014] EWHC 3848 (Ch) IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION 1 Case No: HC12A02388 Royal Courts of Justice, Rolls Building Fetter Lane, London, EC4A 1NL Date: Tuesday,

More information

Technical claims brief

Technical claims brief QBE European Operations Technical claims brief Monthly update January/February 2014 Technical claims brief Monthly update January/February 2014 Contents Legislation 1 Mesothelioma Bill passes at report

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

- - - - - - - - - - - - - - - - - - - - BAKER. - and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - BAKER. - and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Neutral Citation Number: [2013] EWHC 2668 (QB) IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION BEFORE: Case No: QB/2013/0325 Royal Courts of Justice Strand, London, WC2A 2LL 31 July 2013 HIS HONOUR

More information

Before : THE HONOURABLE MR JUSTICE COULSON - - - - - - - - - - - - - - - - - - - - - Between : PANTELLI ASSOCIATES LIMITED.

Before : THE HONOURABLE MR JUSTICE COULSON - - - - - - - - - - - - - - - - - - - - - Between : PANTELLI ASSOCIATES LIMITED. Neutral Citation Number: [2010] EWHC 3189 (TCC) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION TECHNOLOGY AND CONSTRUCTION COURT Case No: HT-10-332 Royal Courts of Justice Strand, London, WC2A 2LL

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

WHY YOU SHOULDN T DISCLOSE ALL MEDICAL RECORDS IN PERSONAL INJURY LITIGATION

WHY YOU SHOULDN T DISCLOSE ALL MEDICAL RECORDS IN PERSONAL INJURY LITIGATION WHY YOU SHOULDN T DISCLOSE ALL MEDICAL RECORDS IN PERSONAL INJURY LITIGATION By Justin Valentine 6 th April 2014 This publication is intended to provide general guidance only. It is not intended to constitute

More information

MOJ Portal The Key to Success

MOJ Portal The Key to Success MOJ Portal The Key to Success Challenges Practicalities Opportunities The new MOJ reforms and extended EL/PL and RTA Portals (and fixed fees) have been implemented to a chorus of outrage and dismay by

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 7th January 2015 Issue: 046 Employers liability Nadeem v Shell UK Oil Products and another [Lawtel 18/12/2014] looks at the difference between a contract of service and a contract

More information

B E F O R E: LORD JUSTICE LONGMORE LORD JUSTICE UNDERHILL LADY JUSTICE SHARP - - - - - - - MS SUSAN LOUISE COX. -v-

B E F O R E: LORD JUSTICE LONGMORE LORD JUSTICE UNDERHILL LADY JUSTICE SHARP - - - - - - - MS SUSAN LOUISE COX. -v- Neutral Citation Number: [2015] EWCA Civ 415 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM BRISTOL COUNTY COURT (HIS HONOUR JUDGE DENYER QC) A2/2014/0127 Royal Courts of Justice Strand London,

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

COSTS BUDGETING AT THE COALFACE. Possibly the greatest impact of the introduction of costs budgeting on the courts in terms of

COSTS BUDGETING AT THE COALFACE. Possibly the greatest impact of the introduction of costs budgeting on the courts in terms of COSTS BUDGETING AT THE COALFACE The Queen s Bench Masters Corridor Possibly the greatest impact of the introduction of costs budgeting on the courts in terms of resources and numbers has been in the Queen

More information

Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by:

Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by: Title: Claims Management Policy Reference No: Owner: Author: Steve Mason, Legal Services and Governance Lead First Issued On: Latest Issue Date: Operational Date: Review Date: Consultation Date: Policy

More information

MOTOR VEHICLE ACCIDENT CLAIMS ACT

MOTOR VEHICLE ACCIDENT CLAIMS ACT Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed

More information

Limiting liability for professional firms

Limiting liability for professional firms Limiting liability for professional firms Introduction Disputes can arise between providers of professional services and their clients or other (third) parties for a number of reasons. Limiting or excluding

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

NOTICE THE SUPREME COURT OF THE STATE OF ALASKA ) )

NOTICE THE SUPREME COURT OF THE STATE OF ALASKA ) ) NOTICE Memorandum decisions of this court do not create legal precedent. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d. THE SUPREME COURT

More information

INSOLVENT DEFENDANTS AND CLAIMANTS. 1. Corporate bodies (limited companies or LLPs) have a separate legal identity that

INSOLVENT DEFENDANTS AND CLAIMANTS. 1. Corporate bodies (limited companies or LLPs) have a separate legal identity that INSOLVENT DEFENDANTS AND CLAIMANTS Insolvent Defendants Corporate Insolvency Dissolution 1. Corporate bodies (limited companies or LLPs) have a separate legal identity that ceases to exist upon dissolution.

More information

GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED

GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED Before: LORD JUSTICE SWINTON THOMAS And LORD JUSTICE BROOKE [2000] EWCA Civ 5566 Litigation

More information

Subject to, notwithstanding and without prejudice to what do they all mean?

Subject to, notwithstanding and without prejudice to what do they all mean? Welcome Time. Never seems to be enough of it! This month is about shortcuts. Time pressure can make shorthand expressions which achieve the desired result useful tools, but are such expressions always

More information

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SANDRA H. DEYA and EDWIN DEYA, individually and as next friends and natural

More information

2.2.2 Adversely affect another party s case; or

2.2.2 Adversely affect another party s case; or LEGAL PROFESSIONAL PRIVILEGE AND WITHOUT PREJUDICE COMMUNICATIONS: A PRACTICAL OVERVIEW FOR LOSS ADJUSTERS ELSPETH OWENS, 4 PUMP COURT Introduction 1. The application of Legal Professional Privilege to

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCION Case :-cv-00-rsm Document Filed 0// Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CGI TECHNOLOGIES AND SOLUTIONS, INC., in its capacity as sponsor and fiduciary for CGI

More information

At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just

At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just TWO IMPORTANT CASES WELLESLEY PARTNERS LLP the test of remoteness. At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just another slightly dreary solicitors negligence case where

More information

The Court of Protection Rules 2007

The Court of Protection Rules 2007 STATUTORY INSTRUMENTS 2007 No. 1744 (L. 12) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection Rules 2007 Made - - - - - 25th June 2007 Laid before Parliament 4th July 2007 Coming into force -

More information

Expert Evidence In Professional Negligence Claims

Expert Evidence In Professional Negligence Claims BuildLaw - Issue 13 Expert Evidence In Professional Negligence Claims 1 Expert Evidence In Professional Negligence Claims A recent High Court decision has provided practical guidance on the use of expert

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 01-CV-810. Appeal from the Superior Court of the District of Columbia (CA-7519-00)

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 01-CV-810. Appeal from the Superior Court of the District of Columbia (CA-7519-00) Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the

More information

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS).

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). Introduction This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). MASS is a society of solicitors acting for the victims of motor accidents, including those involving Personal

More information

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9 WESTERN WORLD INSURANCE COMPANY, INC., Plaintiff, v. JAMES CZECH and WILLIAMS BUILDING COMPANY, INC., Defendants. United States District Court

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 22, 2010; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000566-MR TOM COX APPELLANT APPEAL FROM LAUREL CIRCUIT COURT v. HONORABLE JOHN KNOX MILLS,

More information

EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013

EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013 EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013 By Justin Valentine Section 69 of the Enterprise and Regulatory Reform Act 2013 amends section 47 of the Health and Safety at Work

More information

Insurance Contracts Bill

Insurance Contracts Bill Insurance Contracts Bill CONTENTS PART 1 1 Main definitions MAIN DEFINITIONS PART 2 2 Application and interpretation 3 The duty of fair presentation 4 Knowledge of insured Knowledge of insurer 6 Knowledge:

More information

Julie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27

Julie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27 JUDGMENT : MRS JUSTICE COX: QBD. 27th February 2004 1. The appellant, Julie Belt (hereafter referred to as the claimant ), appeals from the order of His Honour Judge Yelton dated 30 October 2003, setting

More information

F I L E D August 9, 2011

F I L E D August 9, 2011 Case: 10-30886 Document: 00511566112 Page: 1 Date Filed: 08/09/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D August 9, 2011 Lyle

More information

CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS

CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS General The CJC welcomes the opportunity to respond to this consultation. It further welcomes the intention to improve

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice.

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. NEGLIGENT SETTLEMENT ADVICE Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. The standard of care owed by a solicitor to his client has been established for

More information

DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS

DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS BY: MR NADIM BASHIR NEW PARK COURT CHAMBERS LEEDS LSI 2SJ TEL: 0113 243 3277 1 1. Introduction If there was any doubt

More information

UNFAIR DISMISSAL: WHEN WILL THE COURTS ALLOW EXTENDED TIME LIMITS?

UNFAIR DISMISSAL: WHEN WILL THE COURTS ALLOW EXTENDED TIME LIMITS? UNFAIR DISMISSAL: WHEN WILL THE COURTS ALLOW EXTENDED TIME LIMITS? This article appeared in Employment Law Journal February 2008 Number 87 In the light of a series of recent EAT cases, Marc Jones and Mandeep

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC ) Title Preparations for Personal Injury Trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2]

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Section CONTENTS PART 1 ABUSIVE BEHAVIOUR Abusive behaviour towards partner or ex-partner 1 Aggravation of offence where abuse

More information

2012 IL App (1st) 120353-U. No. 1-12-0353 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2012 IL App (1st) 120353-U. No. 1-12-0353 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2012 IL App (1st) 120353-U FIFTH DIVISION September 28, 2012 No. 1-12-0353 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

IN THE MANCHESTER COUNTY COURT No.2QT66034. 1 Bridge Street West Manchester M60 9DJ. Claimant. Defendant

IN THE MANCHESTER COUNTY COURT No.2QT66034. 1 Bridge Street West Manchester M60 9DJ. Claimant. Defendant 1 0 1 0 1 IN THE MANCHESTER COUNTY COURT No.QT0 1 Bridge Street West Manchester M0 DJ 0 th November B e f o r e:- DISTRICT JUDGE MATHARU COMBINED SOLUTIONS UK Ltd. (Trading as Combined Parking Solutions)

More information

STEPHEN S. EDWARDS, individually and as Trustee of the Super Trust Fund, u/t/d June 15, 2001, Plaintiff/Appellant,

STEPHEN S. EDWARDS, individually and as Trustee of the Super Trust Fund, u/t/d June 15, 2001, Plaintiff/Appellant, NOTICE: NOT FOR PUBLICATION. UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STEPHEN

More information

- - - - - - - - - - - - - - - - - - - - Marshall. - and - The Price Partnership Solicitors - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - Marshall. - and - The Price Partnership Solicitors - - - - - - - - - - - - - - - - - - - - Neutral Citation Number: [2013] EWHC 4256 (QB) IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION Case No: 1HQ/13/0265 1HQ/13/0689 Royal Courts of Justice Strand, London, WC2A 2LL BEFORE: Wednesday, 2

More information

Tree roots: causation in natural nuisance cases

Tree roots: causation in natural nuisance cases Tree roots: causation in natural nuisance cases What is the correct approach to causation in cases concerning natural nuisances where a landowner does nothing at all to abate such a nuisance on his land?

More information

Legal Watch: Professional Indemnity

Legal Watch: Professional Indemnity Legal Watch: Professional Indemnity October 2015 Plexus succeed in re-visited Berney v Thomas Saul & Co We first covered this Plexus case two years ago in our September 2013 issue. The matter involves

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC ) Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008. v. Case No. 5D07-1738

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008. v. Case No. 5D07-1738 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008 OCALA JOCKEY CLUB, LLC, DANIEL L. CASE, ET AL., Appellants, v. Case No. 5D07-1738 RANDY ROGERS, Appellee. / Opinion

More information

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice VIRGINIA ELECTRIC AND POWER COMPANY OPINION BY JUSTICE LAWRENCE L. KOONTZ, v. Record No. 951919 September

More information

FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court.

FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court. FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court. Introduction 1. One might have thought with the intense scrutiny that has been brought to bear upon the proportionality

More information

Andrew Thurlow & Suzanne Innocenzi v The Architect Studio Pty Ltd [2008] NTMC 005 THE ARCHITECT STUDIO PTY LTD

Andrew Thurlow & Suzanne Innocenzi v The Architect Studio Pty Ltd [2008] NTMC 005 THE ARCHITECT STUDIO PTY LTD CITATION: PARTIES: Andrew Thurlow & Suzanne Innocenzi v The Architect Studio Pty Ltd [2008] NTMC 005 ANDREW THURLOW SUZANNE INNOCENZI v THE ARCHITECT STUDIO PTY LTD TITLE OF COURT: JURISDICTION: Local

More information

PERSONAL INJURY Alert

PERSONAL INJURY Alert A weekly news bulletin from Greenwoods Issue 373: 6 November 2013 In this issue - Civil Procedure/Extensions of Time CIVIL PROCEDURE/EXTENSIONS OF TIME - Civil Procedure/Expert Evidence - Civil Procedure/Expert

More information

IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11. THERMOSASH COMMERCIAL LIMITED Defendant

IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11. THERMOSASH COMMERCIAL LIMITED Defendant IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to strike out the

More information

KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS PART II SIMON EDWARDS

KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS PART II SIMON EDWARDS KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS PART II SIMON EDWARDS 1. In the September issue of Kemp News I dealt with the mechanics of starting or continuing proceedings against an insolvent defendant.

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

STITT & C Ọ SOLICITORS 11 Gough Square, London EC4A 3DE Tel: 020 7832 0840 Fax: 020 7832 0865 email: info@stitt.co.uk

STITT & C Ọ SOLICITORS 11 Gough Square, London EC4A 3DE Tel: 020 7832 0840 Fax: 020 7832 0865 email: info@stitt.co.uk STITT & C Ọ SOLICITORS 11 Gough Square, London EC4A 3DE Tel: 020 7832 0840 Fax: 020 7832 0865 email: info@stitt.co.uk TERMS OF ENGAGEMENT 1. Service Commitment We aim to offer our clients quality legal

More information

Medical Negligence. A client s guide

Medical Negligence. A client s guide Medical Negligence A client s guide What is medical negligence? This note is intended to give you a broad outline about medical negligence (sometimes called clinical negligence) cases. It is not a substitute

More information

Case 1:13-cv-00796-RPM Document 23 Filed 02/18/14 USDC Colorado Page 1 of 9

Case 1:13-cv-00796-RPM Document 23 Filed 02/18/14 USDC Colorado Page 1 of 9 Case 1:13-cv-00796-RPM Document 23 Filed 02/18/14 USDC Colorado Page 1 of 9 Civil Action No. 13-cv-00796-RPM MICHAEL DAY KEENEY, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior

More information