By Catherine Duffy INTERACTIVE TECHNOLOGY CORPORATION LTD V FERSTER [2017] EWHC 1510 Judgement  – 22 June 2017 CPR r36.16 Mr Justice Morgan held that the existence of Part 36 offers by the defendants meant that the costs after a preliminary hearing had to be reserved to the end of the case.   The fact that […]

By John Collins   Crawley v Barnsley MBC [2017] 1WLR 2329 may well have surprised both local authorities and those who follow the law reports. It strikes one as very much a decision on its own facts and typical of the numerous cases which these days clutter the Lexis reports.  If it does indeed state […]

By Peter Yates In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications. Paul Dodd, who had been staying in a flat in London, went to go downstairs. As he was walking down the stairs he […]

By Colin Richmond   Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792. The judgment provides some clarity following not […]

By Bronia Hartley   Takhar v Gracefield Developments Ltd & Ors [2017] EWCA Civ 147 Headline: In applying for judgment to be set aside on the basis of fraud, a party must establish that the evidence of fraud was not available at the time of the trial and could not have been discovered with reasonable […]

By Catherine Duffy   Following the success of our recent talk ‘Cancer, Causation and the Courts’ with Consultant Oncologist Andrew Proctor and speakers Gordon Exall and Helen Rutherford, our series of talks showcasing medical experts continues. Venue: Radisson Hotel, No.1 The Light, The Headrow, Leeds, LS1 8TL                 […]

The recent change in the discount rate was covered on this blog.  One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims.  It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] […]