Monthly Archives: June 2016

To recuse or not? – Ghadami v Bloomfield and others [2016] EWHC 1448(ch)

 By Jonathan Holsgrove Norris J has recently had to deal with an interesting case where he faced an application that he should recuse himself from a case. It also highlighted the negative impact a litigant in person can have on a case and administration of the Courts.  The case is available here. Mr. Ghadami issued […]

Case Update: Judge expressing opinion on proportionality of incurred costs

 By Helen Rutherford   In the recent case of Eil v Knowsley Metropolitan Borough Council (15/06/16) the court was considering the costs position on a claim arising out of a sexual assault. Due to the medical evidence the Claimant limited the claim to £50,000. A budget was submitted by the Defendant for £26,000. The Claimant’s […]

Inebriated pedestrians: a fresh view on foreseeability and novus actus interveniens

 By Kate McKinlay Inebriated pedestrians : a fresh view on foreseeability and novus actus interveniens A consideration of the Court of Appeal’s recent decision in Scott v Gavigan [2016] EWCA Civ 544 before Elias LJ, Clarke LJ and Simon LJ. This is not an unheard of set of facts. Briefly an inebriated pedestrian claimant stepped […]

When Allegations of Fraud are not Enough

By Nicola Phillipson Gentry v Miller [2016] EWCA Civ 142 By Nicola Phillipson A default judgment will not be set aside as a matter of course just because arguable fraud is alleged. In March 2013 the Claimant reported that he had been in a road traffic accident and sought damages including PI and credit hire. […]