Monthly Archives: November 2016

Late amendments to pleadings- proceed with caution

 By Elliot Kay Secker v Fairhill Property Services Limited and Others [2016] The Claimant had purchased a new build property which had been constructed by the First Defendant company. Slightly over a year later the Claimant tripped over a paved step in her garden which rendered her tetraplegic. The other Defendants to the claim were […]

QADAR v ESURE [2016] EWCA Civ 1109- NO FIXED COSTS WHEN CASES LEAVE THE PORTAL

By Kate McKinlay Thank goodness for that?!? :- Court of Appeal makes provision for full costs in ex-portal multi-track case … by amending the rules. IN BRIEF: The Court of Appeal today concluded that fixed costs DO NOT apply in multi-track cases EVEN if they started life in the RTA PORTAL BACKGROUND: In June 2015, […]

Repeat Claimants – res judicata and issue estoppel

 By Jonathan Holsgrove Srivatsa v Secretary of State for Health & Another [2016] EWHC 2916 (QB) As we approach Christmas we get ready to enjoy the repeat runs of favourite TV specials from yesteryear. What isn’t so well received is a new claim from that claimant that you thought had already gone away.  The High […]

UNLESS ORDERS & RELIEF FROM SANCTIONS

By Bronia Hartley Philip John Eaglesham v Ministry of Defence [2016] EWHC 3011 (QB) Headline: ‘A party who faces genuine difficulties in complying with a court Order, particularly an Unless Order, should come back to the Court and explain the problems that it is facing as soon as they arise, if those problems are sufficiently […]

Car hire and mitigation of loss: an intervention success story: Powell v Palani

By Maxine Best It was only a matter of weeks ago that I encouraged readers to look to 2017 for any future changes to the credit hire landscape. Nevertheless, it appears I was too hasty. The case of William Powell v Babu Palani was heard on 5th September 2016 at Birmingham County Court before His […]

Surveillance skulduggery?

By Peter Yates In Stewart v Kelly Blake J dealt with an application, made by a Defendant in a personal injury claim, to adduce surveillance evidence. The ex tempore judgment – currently available only in summary form – deals with the principles to be applied in relation to ambushes and surveillance. The Claimant alleged that […]

The importance of an independent expert

 By Sabrina Hartshorn Watts v The Secretary of State for Health [2016] EWHC 2835 (QB) Where an expert loses sight of her duty to provide independent assistance to the court by way of objective unbiased opinion in relation to matters within her expertise. A copy of the judgment can be found at: http://www.bailii.org/ew/cases/EWHC/QB/2016/2835.html Key points […]