Monthly Archives: March 2016

Is an absent bannister disrepair? – The Defective Premises Act considered

By Jonathan Holsgrove The Court of Appeal have recently considered the issue of whether or not a missing bannister could amount to disrepair pursuant to section 4 of the Defective Premises Act 1972. Sternbaum v Dhesi [2016] EWCA Civ 155 involved business premises let by D to a company in which S had an interest. […]

THE LAW OF VICARIOUS LIABILITY IS ON THE MOVE… AND HASN’T FINISHED MOVING YET.

 By Chris Rafferty “The law of vicarious liability is on the move”, so began Lord Reed in his judgment in Cox -v- Ministry of Justice [2016] UKSC 10. One can forgive the lack of originality in quoting from the judgment of Lord Phillips in his last ever judgment as President of the Supreme Court.[1] It […]

Same accident, same defendant, two separate CNFs (one claiming vehicle damage and credit hire; the other PI) proceed as separate claims at all times, one settles after issue, the other does not and is issued – abuse of process or not?

 By Vilma Vodanovic  Last week I went off to the County Court at Newcastle to defend a strike out application made by the Defendant alleging abuse of process. I suspect this won’t be the first time that this factual scenario has arisen where defendants have sought to strike out a claim and where they have […]

83RD Amendment to CPR

 By Helen Rutherford When does it come into effect? 6 April 2016 Amendments to Cost Management Only the first page of Precedent H is to be exchanged and filed in cases where the value of the claims is under £50,000 or the costs are less than £25,000 Claims made on behalf of a child are […]

NO DISCRETION TO DISALLOW SIMMONS V CASTLE UPLIFT

 By Bronia Hartley Summers v Bundy [2016] EWCA Civ 126 A clinical negligence Claimant appealed against a decision that he was not entitled to a 10% uplift in an award of general damages, as required by Simmons v Castle [2012] EWCA Civ 1039. [2013] 1 W. L. R. 1239. The Appellant had been legally aided. […]

THE CHILD IN THE ROAD Part 2

   By John Collins Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal. Maria Sabir is short of […]

PART 36 TRUMPS FIXED COSTS (AND NO DONALD IN SIGHT): Broadhurst and Taylor v Tan and Smith [2016] EWCA Civ 94

 By Ruwena Khan In a claim which starts under the Pre-Action Protocol for Low Value Personal Injury Claims (in this case the RTA Protocol), what happens when a Claimant obtains a judgment against a defendant which is at least as advantageous to them as the proposals contained in a Part 36 offer – does the […]