Monthly Archives: February 2015

ASSESSING DAMAGES: WHY THE JUDGES GO BACK TO BASICS AND THE VERY PRACTICAL CONSEQUENCES

 By Gordon Exall Recent cases have show that, when faced with difficult issues of calculation in personal injury cases, judges look back at the very basic principles of personal injury damages. These cases show how important the basic principles of personal injury damages are. The multiplicity of tools now available to assess damages can often […]

JANUARY 2015: A ROUND UP OF DEVELOPMENTS IN THE NEW YEAR

January has seen some interesting cases come before the courts. Here is a review of what we have been discussing in the new year. POSTS ON PROCEDURE Catherine Duffy discussed The Real Advantages and Risks of Part 36 and considered the effects of the Claimant’s Part 36 offer in Downing -v- Peterborough & Stamford NHS Foundation […]

Costs and Applications for Pre-action Disclosure

 By Mark Henley It may come as a surprise to many solicitors that there is a presumption that the costs of making and complying with an application for pre-action disclosure are to be paid by the party making the application.

Conditional Fee Agreements

 By Vilma Vodanovic Conditional Fee Agreements: is there a cancellation notice attached? what if there is legal expenses insurance in the background?  On 27th January 2015, the Court of Appeal handed down judgment in the case of Cox v Woodlands Manor Care Home Ltd (unreported – approved judgment is awaited) bringing home the importance of […]

NO DUTY OF CARE OWED TO EXTREMELY RECKLESS FRIEND USING DANGEROUS MACHINERY: Ford v Silverstone (2015) (QBD)

 By Ruwena Khan A Defendant did not owe a duty of care to a Claimant who, while helping him clear the grounds of the property, had of his own accord, attempted to unblock a wood chipper while the engine was on and lost three of his fingers…

When notice is not required to succeed in an injury claim against a landlord

 By Justin Crossley Samuel Edwards v Baladas Kumarasamy [2015] EWCA Civ 20 Background The Appellant, (Edwards) rented a 2nd floor flat by way of an assured short hold tenancy from the Respondent (Kumarasamy).  The Respondent was not the owner of the block of flats but had a long lease of the particular flat let to […]