Monthly Archives: October 2016

Vicarious Liability considered by the Court of Appeal- Fletcher v Chancery Lane Supplies Ltd [2016]

 By Elliot Kay An employer appealed a first instance decision in which it was held vicariously liable for the actions of employee. The employer operated a plumbing business and had premises on both sides of a road (one set of premises were used as an office, the other premises were used as a shop).  At […]

Credit Hire: A round-up

By Maxine Best As the end of 2016 draws ever closer, it is worth considering the credit hire landscape as it currently stands. There have been two key cases of interest this year: Paul Simon Franklin v UK Insurance Ltd – Darlington CC – 18/03/2016. Sean Phillips v Carol Willis [2016] EWCA Civ 401. Two […]

OCCUPIERS’ LIABILITY ILLUSTRATED: Christopher Edwards v London Borough of Sutton [2016] EWCA Civ 1005

 By Bronia Hartley In this recent and interesting case, Lord Justice McCombe’s judgement represents a comprehensive reminder of how the duty on occupiers imposed by the Occupiers’ Liability Act 1957 should be approached. INTRODUCTION The defendant, the London Borough of Sutton (“Sutton”), brought an appeal against the decision of Judge Gore QC (sitting as a Judge […]

Budgeting v Assessment – Merrix V Heart Of England NHS Foundation Trust

 By Colin Richmond I promised at the recent Zenith Chambers Annual PI Update Conference (hosted by Zenith Chambers, Yorkshire Legal Awards’ Chambers of the Year, no less), that I would add the case of Merrix to the PI blog. So here it is. I am grateful to my colleague Gordon Exall for supplying me with […]

ZENITH’S PERSONAL INJURY UPDATE: THE DAY IN PICTURES

  Yesterday we held our annual personal injury update. For those who couldn’t make it (and for those who did) we thought we would do a history of the day in pictures. Justin Crossley chaired the morning session. Apparently stating (more than once) that we had won Yorkshire Chambers of the Year.     Frances […]

Beaumont & Anor v Ferrer [2016] EWCA Civ 768

 By Joanna Hastie Court of Appeal confirms that a Claimant injured in the course of intentional criminal action is not entitled to recover damages.  Facts D was a licensed taxi driver in Manchester who picked up 6 passengers, 2 of whom were the 17 year old Claimants in this case. The group had decided amongst […]

The Cost of Litigation to the NHS

 By Helen Rutherford The NHS Litigation Authority has revealed that in 2015-2016 legal cases against the NHS have cost £1.5 billion (including the damages, Claimant and Defendant costs). £418 million was paid to the Claimants’ solicitors; this is a 43% increase on the previous year. Damages increased by 23% to £950.4million paid out. The number […]