Legal Watch: Personal Injury

Size: px
Start display at page:

Download "Legal Watch: Personal Injury"

Transcription

1 Legal Watch: Personal Injury 1st April 2015 Issue: 058

2 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. The appellant/claimant alleged that the respondent/defendant, her father, had abused her between the ages of 6 and 14. She turned 18 in Stubbings (1993) decided that claims for injury caused by deliberate assault were subject to a six-year, non-extendable limitation period, meaning that this claimant s claim would be irretrievably statute-barred, limitation having run from her attaining her majority. She claimed that she had not realised until aged 25, around 1993, that she could bring proceedings. She had not done so after realising it would affect the welfare of family members and because she wished to concentrate on her relationship with her boyfriend. She contacted solicitors in 2001 and 2006 but did not proceed with a claim. In 2008, in A v Hoare the House of Lords declined to follow Stubbings and held that the Ss 11 and 30 Limitation Act 1980, permitting extension of the limitation period, applied to claims in respect of intentional injury. The claimant s solicitors wrote to her advising her of that change. She instructed them to pursue a claim. A letter of claim was sent to the defendant in In 2010 the solicitors approached a consultant psychiatrist to assess the claimant. She did not see the psychiatrist until His report was produced in January 2012 but it was never disclosed. The claimant saw a second psychiatrist and issued the claim in September The judge declined to extend the limitation period under S33. The claimant appealed and argued that the judge had (1) applied the wrong test under S33 in asking whether it was fair for the defendant to face a trial; (2) erred in saying that the S33 discretion was only to be exercised in exceptional cases; (3) not considered the balance of prejudice; (4) erred in finding that the reasons for the delay had not been adequately explained. In this issue: Limitation Fraud/settlement of suspicious claim Jackson/Mitchell/Denton Watch this space Events Plexus and Greenwoods hold a series of events which are open to interested clients. See below for those being held in the next few months: The Major Bodily Injury Group (MBIG) Spring Seminar The Wellcome Collection, London There is a limited number of seats still available for this event, so to avoid disappointment book your place now.

3 Dismissing the appeal, the Court of Appeal held that the question under S33 was whether it would be equitable to allow the action to proceed notwithstanding the expiry of the primary limitation period. That was to be answered having regard to all the circumstances of the case, including in particular the factors identified in S33(3). Asking whether it was equitable to allow an action to proceed was no different from asking whether it was fair in all the circumstances for the trial to take place, as the judge had. No factor could be given a priori importance; all were potentially important. However, the importance of each factor would vary in intensity from case to case. One relevant factor was the very existence of the limitation which Parliament had decided was usually appropriate. The judge had not misdirected himself. The judge had not misdirected himself in referring to exceptional cases. He had not said any more than that the claimant was asking for the exceptional indulgence of proceeding outside the limitation period. The judge had identified the competing arguments as to whether a fair trial was possible in his consideration of S33(3) (b). He had recognised that the memories of the parties could not be supposed to have dimmed, but also correctly weighed in the balance the loss of some evidence and the less clear position as to the circumstances and memories of subsidiary witnesses. He clearly had considered the balance of prejudice. The judge had been entitled to find that the reasons for the delay were not adequately explained. Although it might have been possible to explain away some of the early period after attainment of the claimant s majority, it was impossible to do so regarding the period after Over four years passed after the claimant was informed of Hoare. That was itself significantly in excess of the primary limitation period. A very large part of that delay was accounted for by the time taken to obtain the first psychiatrist s report. Although the claimant s solicitors might have pressed harder for an outcome, there was no evidence of any anxiety expressed by the claimant herself as to the progress of her claim. It had plainly been incumbent on both the claimant and her advisers, after 2008, to proceed with despatch when the primary period had expired so long before. By the time the matter was before the judge, the factors in S33(3)(a), S33(3) (e) and S33(3)(f) weighed heavily against the exercise of any discretion in the claimant s favour. A claimant who had failed to meet a limitation period or failed to proceed diligently after expiry of a period could in some cases shelter behind error on the part of advisers, but not always. The delay after 2008 had been egregious and the explanations proffered did not begin to exonerate the claimant from it. the factors in S33(3) (a), S33(3)(e) and S33(3) (f) weighed heavily against the exercise of any discretion in the claimant s favour 02

4 Fraud/settlement of suspicious claim The case of Hayward v Zurich Insurance Co Plc (2015) EWCA Civ 327 demonstrates the care defendants must take when deciding to settle claims where there is a suspicion of fraud. The appellant/claimant had injured his back during an accident at work. He claimed that his injury continued to cause him serious lumbar pain which restricted his mobility and that his ability to work was seriously impaired. The insurers conducted the defence on behalf of the employer. They relied on video evidence which showed him undertaking heavy work at home, to argue that he had exaggerated the consequences of his injury. The parties reached an agreement, embodied in a Tomlin order, under which the insurers agreed to pay 134,973 in full and final settlement of his claim. About two years later, the claimant s neighbours approached the employers to say that from their observation of his conduct and activities, they believed that the claimant had entirely recovered from his injury at least a year before the settlement was reached. The insurers claimed damages for deceit, asserting that the statements which the claimant had made about the extent of his injury in his particulars of claim and witness statements constituted fraudulent misrepresentation. The settlement agreement was set aside. The claimant was awarded damages of 14,720 and he was ordered to repay the settlement sum, less that amount. The claimant appealed and submitted that belief was a necessary component of a claim based on misrepresentation, whereas the insurers decision to enter into the settlement had been influenced by the fear that the court might believe his misrepresentations rather than by their own belief in them. Allowing the appeal, the Court of Appeal held that the judge had been wrong to set aside the settlement agreement. The contract which the insurers sought to rescind was a contract to compromise a disputed claim. The claim for rescission was based on the very averments of fact which the claimant made in advancing that claim. In such a case, a defendant would not be entitled to seek to have the agreement set aside at some later date only on the basis that he could now show that the claimant s factual statements of the case being advanced were wrong. By entering into the settlement, the defendant implicitly agreed not thereafter to seek to have it set aside In deciding to settle, the defendant took the risk that those statements would not be proved at trial and paid a sum commensurate with his assessment of that risk. It could have taken the case to trial in order to disprove the statements in question, but by settling it agreed to forego that opportunity and could not reserve the right to come back for another attempt. If it were otherwise, no settlement would be final. By entering into the settlement, the defendant implicitly agreed not thereafter to seek to have it set aside on the basis that the statements made in support of the claim were false. However, the position would be different where the claimant s case was not only ill-founded but dishonest. Thus, whilst it might be fair to treat the defendant as having taken the risk of the claimant s statements in support of his claim being wrong, it would not, absent any indication to the contrary, be fair to treat him as having taken the risk of them being dishonest. What risk the defendant was to be treated as having accepted had to depend on the circumstances of the particular case. If it was in any case sufficiently apparent that the defendant intended to settle notwithstanding the 03

5 possibility that the claim was fraudulently advanced, there was no reason why it should not be held to its agreement even if the fraud subsequently became demonstrable. Applying those principles to the instant case, it was clear that the insurers ought not to be entitled to rely on alleged fraudulent misrepresentations because the statements had been made by the claimant in his statements of case and witness statements and the employers had positively asserted that they were dishonestly advanced before the settlement was reached. Alternatively, it was possible to adopt an analysis based on reliance. The insurers had not been concerned with the truth or otherwise of the claimant s statements as the factor motivating their action. Rather, they were treating them simply as part of his case. It was inherent in the antagonistic relationship of claimant and defendant that a defendant had to form an independent judgment about whether the disputed statements made as part of the claim were likely to be accepted by the court. A relationship of reliance did not arise in that context. The authorities on rescission for misrepresentation were clear that for a misstatement to be the basis of a claim to rescind a contract, the claimant had to have given some credit to its truth and been induced into making the contract by a perception that it was true rather than false. The settlement remained binding. 04

6 Jackson/Mitchell/Denton As the case of Singh v Thoree [Lawtel 30/03/2015] illustrates, there can be no doubt that the courts are adopting a much more relaxed approach to non-compliance in the post- Denton era. The respondent/claimant had been employed by the appellant/defendant at a solicitors firm from 2002 until 2008 and issued a claim form in 2013 which alleged that the defendant owed him money. A deputy Master extended time to serve a defence to 28 January Meanwhile, the claimant was granted permission to add a third party as a defendant, namely the solicitors firm which had employed him prior to The defendant received the amended claim form on 28 January, hours before his defence was to be served and his advisors took the view that that service reset the clock so that he had a further 28 days to serve his defence. The claimant applied for judgment in default of defence on 30 January and it was entered against the defendant on 24 February. Meanwhile, the defendant had served his defence and counterclaim on 14 February. He received notification on 26 February that judgment had been entered and, on the following day, applied for it to be set aside. That application was refused by another deputy Master. The defendant appealed, submitting that (1) the service of the amended particulars of claim had overridden the order extending time to serve a defence; (2) in considering the application to set aside, the deputy Master had not dealt with the merits of his defence under CPR advisers had genuinely taken a different view that he had to address the amended claim and that time had begun to run again. They had been mistaken. In the application to set aside, the deputy Master had not mentioned the merits of the defendant s defence in his judgment and it was therefore impossible to find that he had reached a view on that matter. The claimant accepted that the instant court therefore had to make such an assessment. Applications to set aside had to be made promptly and the defendant had... There had been an extraordinary delay in bringing the claim and its value had not been specified. The defendant accepted that money was potentially owed to the claimant, but the amount could not be calculated without a proper account. It was possible that the claim and counterclaim could cancel each other out. The court was satisfied that, on the face of the statements of case, the defendant had a real prospect of successfully defending the claim. Applications to set aside had to be made promptly and the defendant had made his application the day after being notified that judgment in default had been entered. The judgment was therefore set aside. Allowing the appeal, the High Court judge held that the service of the amended particulars of claim had not overridden the first deputy Master s order. Normally where amended particulars were served, provisions were made to amend the timetable either by agreement or by court order. In the instant case the amendment had simply added a party. On the facts, there was no need for the defendant to plead to the amended claim. He had been required to comply with the deputy Master s order, even though his 05

7 Watch this space Changes to Part 36 effective from 6 April 2015 Although CPR Part 36 has been completely rewritten (rather than amended), in reality there is little by way of fundamental change to the previous version. It remains the case that to be valid a Part 36 offer must: Be in writing Make it clear that it is made pursuant to Part 36. (The old rule required that the offer should state on the face of it that it was intended to have the consequences of Section I of Part 36). Under both versions the effect is the same: that the defendant will pay the claimant s costs if the offer is accepted within the relevant period Specify a relevant period of not less than 21 days Indicate if it is to settle all or part of the claim State whether it takes into account any counterclaim A summary of the more significant changes is: 1. Offers can be time limited i.e. the offer may indicate that if not accepted it is withdrawn on a certain date or on the happening of a certain event. However, the costs protection of the offer is then lost. 2. Where there is a split trial, the new CPR allows the judge to be told of the existence, but not the terms, of a Part 36 offer after judgment has been given on the preliminary issues (unless the Part 36 offer relates only to the issues that have been decided, in which case the terms of the offer can also be disclosed). 3. The current rules have given rise to difficulties where a party makes a Part 36 offer for nearly all the relief it is seeking in the action. On the face of the rules, the costs consequences apply where a claimant obtains a judgment that is at least as advantageous as its offer, i.e. it does not need to better its offer. So in theory the costs consequences could apply where a claimant makes an offer to settle for the full amount claimed (or 99%) and then succeeds in full. The new Part 36 seeks to address the perceived difficulty of parties being able to obtain the costs benefits of Part 36 where they have made very high offers. It does this by adding a new factor for the court to take into account in deciding whether it would be unjust to order the Part 36 costs consequences, at 36.17(5): (e) whether the offer was a genuine attempt to settle the proceedings. This would appear also to rule out defendant offers for 5-10% on liability. 4. The new Part 36 states expressly (at CPR 36.2(3)) that a Part 36 offer may be made in respect of a counterclaim or other additional claim. It cross-refers to CPR 20.2 and 20.3 which provide that counterclaims and other additional claims are treated as claims and that references to a claimant or defendant include a party bringing or defending an additional claim. 5. There is a new provision (at CPR 36.9(5)) that where an offeror changes the terms of an offer to make it more advantageous to the offeree, it is treated as a new offer rather than a withdrawal of the original offer. 6. The new 36.14(5) makes clear that where a Part 36 offer is accepted late, the court must make the usual order (i.e. that the accepting party pays the costs for the period of delay) unless it would be unjust to do so. This brings into play a similar test to the court considering whether to depart from the usual costs consequences where a party fails to beat a Part 36 offer at trial. The current wording of Part 36 states that on late acceptance the usual order will apply unless the court orders otherwise, which might be thought to suggest a broader discretion. 7. If a party has failed to file a costs budget in time, under CPR 3.14 it is treated as having filed a budget limited to court fees, so that in effect (and subject to obtaining relief 06

8 from sanction) its recoverable costs are limited to court fees. Where that is the case, there may be little incentive for the opponent to settle in the face of a Part 36 offer from the party in default, as the costs risk if it fails to beat the offer may be minimal. The new CPR addresses this difficulty by providing that, in such circumstances, the defaulting party s recoverable costs for the purposes of Part 36 will be 50% of the costs that would otherwise be recoverable, but will not be limited to court fees. Note however that this provision only applies to the costs from expiry of the relevant period onward. Where it is the claimant that is in default, and the offer is accepted within the relevant period, this new rule does not allow the claimant to avoid the limitation to court fees. Publications If you would like to receive any of the below, please indicating which you would like to receive. Weekly: Legal Watch: Personal Injury Monthly: Legal Watch: Property Risks & Coverage Quarterly: Legal Watch: Counter Fraud Legal Watch: Health & Safety Legal Watch: Professional Indemnity Legal Watch: Disease Contact Us For more information please contact: Geoff Owen, Learning & Development Consultant T: E: To unsubscribe from this newsletter please 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: 12 Dingwall Road, Croydon, CR0 2NA. Parabis Law LLP is authorised and regulated by the SRA.

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 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. February 2014 Issue 007

Legal Watch: Personal Injury. February 2014 Issue 007 Legal Watch: Personal Injury February 2014 Issue 007 Civil Procedure/Compliance with Directions Almost every day brings more post Jackson/Mitchell cases. Although these are non-personal injury cases we

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 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 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

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

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 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 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 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

Conditional Fee Agreement (CFA)

Conditional Fee Agreement (CFA) Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction

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

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE Part 36 is a provision in the Civil Procedure Rules ( CPR ) designed to encourage parties to settle disputes without going to trial. Under Part 36, both claimants

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

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 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

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

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

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

CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES

CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES Application and interpretation of this Chapter 43.1.-(1) Subject to paragraph (4) and rule 43.1A (actions based on clinical negligence).

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

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 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

Knowhow briefs Without Prejudice

Knowhow briefs Without Prejudice Knowhow briefs Without Prejudice Executive Summary: Without Prejudice ( WP ) communications made in a genuine attempt to settle a dispute may not be used in court as evidence of an admission. WP communications

More information

CONDITIONAL FEE AGREEMENTS GUIDANCE

CONDITIONAL FEE AGREEMENTS GUIDANCE Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending

More information

Motor Legal Expenses Insurance

Motor Legal Expenses Insurance Motor Legal Expenses Insurance Motor Legal Expenses Insurance Policy Document Certificate of Insurance This insurance is underwritten by Inter Partner Assistance SA and managed on their behalf by Arc Legal

More information

Murrell v Healy [2001] ADR.L.R. 04/05

Murrell v Healy [2001] ADR.L.R. 04/05 CA on appeal from Brighton CC (HHJ Coates) before Waller LJ; Dyson LJ. 5 th April 2001. JUDGMENT : LORD JUSTICE WALLER : 1. This is an appeal from Her Honour Judge Coates who assessed damages in the following

More information

LIMITATION OF CERTAIN ACTIONS ACT

LIMITATION OF CERTAIN ACTIONS ACT LIMITATION OF CERTAIN ACTIONS ACT CHAPTER 7:09 Act 36 of 1997 Amended by 2 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 18.. L.R.O. 2 Chap. 7:09 Limitation of Certain Actions

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

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

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

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

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 http://websvr/textimagecreator (Text image creator to change heading) Pre action protocol for low value personal injury claims in road traffic accidents Contents SECTION I - INTRODUCTION Definitions Paragraph

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In

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

Octagon Insurance Legal Expenses Policy

Octagon Insurance Legal Expenses Policy Octagon Insurance Legal Expenses Policy 1 2 This Octagon insurance policy is underwritten by Inter Partner Assistance SA and administered on their behalf by Arc Legal Assistance Limited. The following

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

MOTOR LEGAL EXPENSES POLICY WORDING TERMS OF COVER

MOTOR LEGAL EXPENSES POLICY WORDING TERMS OF COVER Motor Legal Expenses provides:- 24/7 Legal Advice Insurance for legal costs for certain types of disputes HELPLINE SERVICES Legal Helpline MOTOR LEGAL EXPENSES Use the 24 hour advisory service for telephone

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

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL

More information

Octagon Insurance Legal Expenses Policy

Octagon Insurance Legal Expenses Policy Octagon Insurance Legal Expenses Policy This insurance has been arranged and is administered by Carpenters Solicitors. It is underwritten by Inter Partner Assistance S.A, and managed on their behalf by

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

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

RULE 49 OFFER TO SETTLE

RULE 49 OFFER TO SETTLE RULE 49 OFFER TO SETTLE DEFINITIONS 49.01 In Rules 49.02 to 49.14, (a) "defendant" includes a respondent; (b) "plaintiff" includes an applicant. WHERE AVAILABLE 49.02 (1) A party to a proceeding may serve

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

XXXXX XXXXX. and. LOWELL FINANCIAL LIMITED t/a RED DEBT COLLECTION SERVICES PARTICULARS OF CLAIM

XXXXX XXXXX. and. LOWELL FINANCIAL LIMITED t/a RED DEBT COLLECTION SERVICES PARTICULARS OF CLAIM IN THE WEST LONDON COUNTY COURT Case No: BETWEEN: XXXXX XXXXX Claimant and LOWELL FINANCIAL LIMITED t/a RED DEBT COLLECTION SERVICES Defendant PARTICULARS OF CLAIM 1. The Claimant is a company director

More information

Guide to dispute resolution

Guide to dispute resolution Guide to dispute resolution Contents Introduction Terminology The aim of this guide Funding Our charges Estimates Expenses Conditional fee arrangements Contingency fee arrangements Insurance Steps prior

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

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

Management liability - Employment practices liability Policy wording

Management liability - Employment practices liability Policy wording Special definitions for this section Benefits Claim Defence costs The General terms and conditions and the following terms and conditions all apply to this section. Any compensation awarded to an employee

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 PROTOCOLS I INTRODUCTION Definitions 1.1 In this Protocol (1) claim means a claim, prior to the start of proceedings,

More information

scrutiny: Essential Guide to CRU Benefits and Appeals

scrutiny: Essential Guide to CRU Benefits and Appeals scrutiny: Essential Guide to CRU Benefits and Appeals Introduction In writing this guide, we had in mind a broad spectrum of readers from the novice (for whom some of this may be new) through to the more

More information

Motor Legal Expenses Policy Wording

Motor Legal Expenses Policy Wording 3478676865245-0000000 34545323455index,134545323456 34545323455persist,false34545323456 34545323455output_folder,/strata/clients/ukais/live/v53/exports 34545323455document_name,PREVIEW34545323456 34545323455printfile_path,/strata/clients/ukais/live/v53/exports/PREVIEW.ps34545323456

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

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1

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

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

Congratulations... ...and thank you for buying a Motoring First policy.

Congratulations... ...and thank you for buying a Motoring First policy. 2 Congratulations......and thank you for buying a Motoring First policy. This document explains exactly what is covered by Licence Shield, how to make a claim, important contact details and much more.

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

Trustees liability 8.0 /35

Trustees liability 8.0 /35 Trustees liability 8.0 /35 Trustees liability /8.1 Target Holdings v Redferns (1996) House of Lords Extent of trustees liability for equitable relief A finance company instructed a firm of solicitors to

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

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

ICSA Guidance on Protection against Directors and Officers Liabilities Indemnities and Insurance

ICSA Guidance on Protection against Directors and Officers Liabilities Indemnities and Insurance ICSA Guidance on Protection against Directors and Officers Liabilities Indemnities and Insurance Contents If using online, click on the headings below to go to the related sections. 1. Introduction 2.

More information

RULE 39 OFFER TO SETTLE

RULE 39 OFFER TO SETTLE RULE 39 OFFER TO SETTLE Definitions (1) In this rule: Where available "defendant" includes "respondent"; "double costs" means double the fees allowed under Rule 60(2) and includes the disbursements allowed

More information

LIMITATIONS. The Limitations Act. being

LIMITATIONS. The Limitations Act. being 1 LIMITATIONS c. L-16.1 The Limitations Act being Chapter L-16.1* of The Statutes of Saskatchewan, 2004 (effective May 1, 2005), as amended by the Statutes of Saskatchewan, 2007, c.28. *NOTE: Pursuant

More information

MIB Uninsured Agreement

MIB Uninsured Agreement MIB Uninsured Agreement THIS AGREEMENT is made on the 3rd July 2015 between the SECRETARY OF STATE ( the Secretary of State ) and the MOTOR INSURERS BUREAU ( MIB ), whose registered office is for the time

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

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

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

BSkyB v EDS judgment at long last

BSkyB v EDS judgment at long last BSkyB v EDS judgment at long last a dodgy degree, a dog called Lulu and some lessons for both customers and suppliers This is a briefing on the long-awaited judgment in BSkyB s claim against what was Electronic

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

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

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

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

1) Uninsured Loss Recovery An event causing damage to the insured vehicle and/or personal property in or on it

1) Uninsured Loss Recovery An event causing damage to the insured vehicle and/or personal property in or on it MOTORING LEGAL SOLUTIONS MCE ASSIST THIS IS YOUR INSURANCE POLICY This policy is evidence of the contract between you and the Insurer. Following an Insured Event the Insurer will pay the Insured s Legal

More information

MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012

MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012 MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS Introduction By Andrew Mckie (Barrister at Law) Clerksroom March 2012 Telephone 0845 083 3000 or go to www.clerksroom.com The protocol for Low Value

More information

BEAT THE QOCS: costs in personal injury claims following Jackson

BEAT THE QOCS: costs in personal injury claims following Jackson BEAT THE QOCS: costs in personal injury claims following Jackson Patrick West, St John s Chambers Published on 9th March 2015 Patrick West looks at the growing impact of one of the most important costs

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

Your Motor Legal Protection Insurance Policy Wording

Your Motor Legal Protection Insurance Policy Wording Your Motor Legal Protection Insurance Policy Wording www.debenhamscarinsurance.co.uk Contents Your Motor Legal Protection Insurance Policy Wording... 3 General Exceptions... 10 2 Your Motor Legal Protection

More information

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP

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

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

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

Expert. Clear. Professional.

Expert. Clear. Professional. Expert. Clear. Professional. PROFESSIONAL NEGLIGENCE CLAIMS STREAMLINE SERVICE SMALL CLAIMS AND STREAMLINE SERVICES Bringing a claim in professional negligence can be expensive. We want to make sure we

More information

JENNIFER LEE. Withdrawal of Pre- Action Admissions: Woodland v Stopford, PIBULJ (July 2011).

JENNIFER LEE. Withdrawal of Pre- Action Admissions: Woodland v Stopford, PIBULJ (July 2011). JENNIFER LEE Call Year: 2007 Practice Profile Jennifer represents both Claimants and Defendants in cases involving general commercial disputes, employment disputes, bankruptcy/winding up, landlord and

More information

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows 65 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

Hickman v Lapthorn [2006] ADR.L.R. 01/17

Hickman v Lapthorn [2006] ADR.L.R. 01/17 JUDGMENT : The Hon. Mr. Justice Jack : QBD. 17 th January 2006 1. This was a claim against solicitors and counsel for negligence in advising the claimant to settle at too low a value his claim arising

More information

making a personal injury compensation claim

making a personal injury compensation claim W E L C O M E P A C K making a personal injury compensation claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation

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

STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT

STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR CLAIMANT EMPLOYMENT

More information

WELLINGTON CITY COUNCIL Appellant. COLIN JAMES DALLAS Respondent. French, Winkelmann and Asher JJ

WELLINGTON CITY COUNCIL Appellant. COLIN JAMES DALLAS Respondent. French, Winkelmann and Asher JJ IN THE COURT OF APPEAL OF NEW ZEALAND CA148/2014 [2015] NZCA 126 BETWEEN AND WELLINGTON CITY COUNCIL Appellant COLIN JAMES DALLAS Respondent Court: Counsel: French, Winkelmann and Asher JJ D J Heaney QC

More information

PLEASE READ THIS POLICY (AND THE SCHEDULE WHICH FORMS AN INTEGRAL PART OF THE POLICY) TO ENSURE THAT IT MEETS YOUR REQUIREMENTS

PLEASE READ THIS POLICY (AND THE SCHEDULE WHICH FORMS AN INTEGRAL PART OF THE POLICY) TO ENSURE THAT IT MEETS YOUR REQUIREMENTS PLEASE READ THIS POLICY (AND THE SCHEDULE WHICH FORMS AN INTEGRAL PART OF THE POLICY) TO ENSURE THAT IT MEETS YOUR REQUIREMENTS The Legal Defence Union (the insurer), and the insured agree that This Policy

More information

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) DECISION

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) DECISION SAINT LUCIA IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) CLAIM NO. SLUHCV2008/0172 BETWEEN: LEN ISHMAEL Claimant And TIMOTHY POLEON RADIO CARIBBEAN 1982 LTD Defendants Appearances:

More information

Smart Meters Programme Schedule 9.1. (TUPE) (CSP South version)

Smart Meters Programme Schedule 9.1. (TUPE) (CSP South version) Smart Meters Programme Schedule 9.1 (TUPE) (CSP South version) Schedule 9.1 (TUPE) (CSP South version) Amendment History Version Date Status v.1 Signature Date Execution copy SCHEDULE 9.1 TUPE 1. PURPOSE

More information

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully.

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. Conditional Fee Agreement - For use in personal injury cases, but not clinical negligence This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything

More information