Discussion of two recent cases of Eales v Havering London Borough Council unreported (decision of Sir Alistair Macduff in the QBD of 13th July 2018) and Paragon Asra Housing LTD (formerly known as Paragon Community Housing Ltd) v James Neville [2018] EWCA Civ 1712 Since Akerman-Livingstone v Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15, there has been little […]

JXA (By his mother and litigation friend VLA) v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) 9th July 2018 Goss J gave judgement as follows:- Although a master had erred in failing to decide whether a claimant had been reasonable to instruct a specific solicitor in a clinical negligence case, the appropriate […]

In the introduction to the judgment of the Court of Appeal in Hislop v Perde; Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726,  Lord Justice Coulson succinctly identified the issues: ‘By reference to two earlier decisions of this court, the issue of principle can be delineated in this way. Where […]

There are lessons for practitioners in all areas in the judgment of Rose J in Aeroflot v Forus and others. That case – a long-running chancery matter concerning skulduggery, political intrigue and alleged fraud –stands as a reminder that parties plead fraud at their peril. The Claimant, Aeroflot, alleged that the Defendants had perpetrated or facilitated […]

The MOJ has today confirmed that the implementation of sweeping reforms to whiplash claims, introduced by the Civil Liability Bill, will be delayed until April 2020. Included in the reforms are measures such as an increase in the small claims limit and a tariff-based system of compensation for whiplash claims. The Ministry of Justice originally […]

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
In  CC v TD [2018] EWHC 1240 (QB) His Honour Judge Freedman (sitting as a High Court judge) found that it was appropriate for the court to award damages for loss of intangible benefit when children had suffered the loss of a father. THE CASE The deceased was…

In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation.   On appeal the judge  rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal. […]