Monthly Archives: July 2014

QUOCS IN THE COURT OF APPEAL: FOUR IMPORTANT ISSUES: WAGENAAR CONSIDERED

 By Gordon Exall   The decision of the Court of Appeal in Wagenaar -v- Weekend Travel Ltd [2014] EWCA Civ 1105 was reported today. It contains important observations  and decisions on qualified one way costs shifting, something that is likely to become a major part of the litigation landscape.

THE SOCIAL ACTION, RESPONSIBILITY AND HEROISM BILL. Unnecessary and Dangerous or a Force for Good?

 By Justin Crossley   “Health and Safety gone mad.” “ A compensation culture”.  Both  familiar cries from the current Government and to an extent their predecessors. The Government has  introduced a Bill which it believes will go some way to countering this. The Social Action, Responsibility and Heroism Bill  proposes to protect  have- a- go […]

Be careful where you walk: failure to maintain street lighting does not make local authorities liable  

 By Sabrina Hartshorn Heath McCabe v (1) Cheshire West & Chester Council (2) BAM Nuttall Limited Chester County Court HHJ Halbert 26/06/2014   Where a local authority failed to maintain a streetlamp intended to illuminate a flight of steps on a public footpath, it owed no duty of care to a member of the public […]

GROSS CARELESSNESS BY YOUR EMPLOYEE – IT’S STILL ON YOU

 By Bronia Hartley The creation of a material risk by the carelessness of an employee remained a material risk for the purpose of the offence of failing so far as reasonably practicable to ensure the health and safety of employees contrary to the Health and Safety at Work etc. Act 1974 s.33(1)(a) Polyflor Ltd v. […]

‘MONEY CHANGES EVERYTHING’

  By Andrew Wilson Is the Supreme Court about to change the law as regards the recoverability of ‘pre-Jackson’ CFA success fees & ATE premiums, and will the Government have to pay compensation to those adversely affected by the old regime?

DOCTOR! DOCTOR! CAN I HAVE A SECOND OPINION?

 By Ruwena Khan At a time when the law of medical negligence is under particular scrutiny with the second reading of the Medical Innovation Bill (the ‘Saatchi Bill’) having taken place on 27th June 2014 and the government requiring significant amendments to be made to ensure that doctors are not at risk of additional liabilities […]

RECENT CASES ON FATAL ACCIDENTS CONSIDERED

 By Gordon Exall   Here we review recent cases relating to fatal accidents.  (1) Accidents abroad and the scope of the Fatal Accidents Act; (2) Cohabitation, human rights and the Fatal Accidents Act. (3) Valuing a dependency claim; (4) Damages for loss of consortium.