Monthly Archives: October 2014

Credit Hire and Credit Repair: considered in the light of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 

 By Vilma Vodanovic Those of you with experience of dealing with credit hire cases will know the difficulties faced when a hire agreement has no cancellation notice attached to it, or it is not in the correct and prescribed format, very often resulting in a non-enforceable contract and no credit hire charges being recovered. These […]

Clarification Of Costs Rules On Infant Claims Due By January

 By Colin Richmond New rules on the application of the Jackson civil litigation reforms to claims on behalf of infants are likely to be published at the turn of the year.

OCTOBER: END OF THE MONTH ROUND UP: LIABILITY, DAMAGES, PROCEDURE & SOME SURPRISING FACTS ABOUT OUR CLERKS

There have been interesting developments this month in liability, procedure and damages.  Here we round off the month with review. LIABILITY Joanne Hastie has written an excellent guide to the Defective Premises Act 1972, in particular look at the definition of “relevant defect”. Andrew Wilson considers the liability of a bus driver when a passenger […]

FOCUS ON OUR BUSINESS DEVELOPMENT CLERK: KAREN DAVIS

You can read the Karen’s official profile here.  However we thought it would be interesting to add some more detail so you know who you are dealing with. KAREN IS AN EXCELLENT SHOT AND CAN CLEAR MINEFIELDS Karen was a member of the Royal Engineers (106 WR Field Sqn (V)) – (this being the Territorial […]

RELIEF FROM SANCTIONS – WATCH IT!

 By John M Collins  After the turbulence of the past year, provoked primarily by the Mitchell case [2014] 1WLR 795, we all surely know about relief from sanctions – but do we?

Second bite of the cherry? Bringing a second action against different employers for development of mesothelioma: abuse of process, cause of action estoppel and discretion under s33 Limitation Act 1980 considered

 By Sabrina Hartshorn  John Patrick Dowdall v William Kenyon & Sons Limited & Beca (Engineers) Limited and Greenield & Payne Limited [2014] EWHC 2822 (QB) Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were […]

COGNITIVE DEFICIT, CAPACITY AND QUANTUM : A fresh look at how to approach cognitive deficit in PI claims.

 By Kate McKinlay  In the recent decision of JUBAIR ALI ( PROTECTED PARTY BY JABID ALI, HIS FATHER AND LITIGATION FRIEND) v (1) DAVID GRAHAM CATON (2) MOTO INSURERS’ BUREAU  [2014] EWCA Civ 1313 The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, […]