Monthly Archives: November 2015

EVEN A SINGLE PAGE MISSING…

 By Chris Rafferty A ruthless and salient reminder in procedure – make sure every page is in the bundle before the trial!   The Claimant in Absolute Lofts as West London Ltd v Artisan Home Improvements Ltd & Anor (No2) [2015] EWHC 2632 (IPEC) made an application for the Court to reconsider its ruling after […]

AUTOMOTIVE AUTOMATISM

I recently appeared in a County Court trial on behalf of the Defendant in which we were relying upon the rarely employed defence of automatism. For those of you who might stumble upon this sort of case once in a while, this article may provide some assistance as to how the Court will deal with […]

Qader & Ors v Esure Services Ltd (Birmingham CC – 15/10/15) – Fixed Recoverable Costs Apply In Some Multi Track Claims

   By Colin Richmond In this case, HHJ David Grant had to decide whether or not fixed recoverable costs applied to a claim that started out in the portal but was subsequently allocated to the multi-track. The Claim This was a claim arising out of a road traffic accident. Fraud was alleged by the Defendant. […]

ASSESSING DAMAGES WHEN THE CLAIMANT WAS ALREADY SERIOUSLY INCAPACITATED: COURT OF APPEAL DECISION

In Reaney -v- University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119 the Court of Appeal considered the appropriate approach to the award of damages when injuries are caused to a claimant who, prior to the defendant’s negligence, was already seriously disabled. “At para 70 of his judgment in the present case, Foskett […]

VICARIOUS LIABILITY: FOOTBALLERS, ASSAULT AND “INITIATION CEREMONIES”

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
It is well known that next month the Supreme Court is to hear a number of appeals in relation to vicarious liability, particularly for assaults by employees.  Whilst we await a definitive statement of law it is useful to look at examples where these issues are being…