Monthly Archives: December 2016

Ilott v Mitson – While we wait

 By John M. Collins On Monday 12th December, fresh from their outing in the fields of Brexit, seven Justices of the Supreme Court sat to hear the appeal of the Charities in Ilott v Mitson. The hearing was preceded by reports in the national press, all of which seem to me to have missed the […]

Justifying battery. What do the police have to do? – Chief Constable of Merseyside Police v McCarthy [2016] EWCA Civ 1257

 By Jonathan Holsgrove The Court of Appeal have recently laid down law likely to bring much relief to police forces concerned about the use of tasers. Mr. McCarthy had been enjoying a night out in Liverpool when he became involved in a violent incident. He together with friends had pursued another man and viciously assaulted […]

ARE YOU SURE ABOUT THAT?

 By Christopher Rafferty The Court will inevitably carefully consider any expert evidence before it. There are however certain instances in which a very high level of reliance is placed on medical evidence. In these cases one might think it crucial to have an expert solidly committed to their conclusions, unshakeable in the face of stern […]

Decision: The Court Cannot Compel Translators to Attend for Cross Examination

By Helen Rutherford http://www.bailii.org/ew/cases/EWHC/QB/2016/3004.html Kimathi v Foreign & Commonwealth Office [2016] EWHC 3004 (QB) This is a case which has popped up in the legal press a few times recently. It involves some 40,000 Claimants (25 test Claimants) bringing claims for assault and battery relation to detention in Kenya in the 1950s. On this occasion, […]

The ex turpi causa defence stands firm

By Frances Lawley EH (A Protected Party, by her Litigation Friend the Official Solicitor) v Dorset Healthcare University NHS Foundation Trust [2016] EWHC 3275 (QB) The claimant suffered from paranoid schizophrenia and was under the care of the defendant NHS trust. On 25 August 2010, following the claimant’s mental collapse, she stabbed her mother to […]

2016 IN PERSONAL INJURY: A YEAR IN BLOG POSTS

Throughout 2016 the Zenith Personal Injury  Team have been busy blogging about the latest news in PI and civil procedure. Here, as the first “review of the year” are all the posts topic by topic. POSTS ON PROCEDURE This has been (as always) an interest year in relation to procedure. Vilma Vodanivic considered what happens […]

COSTS BUDGETS: PHASES CAN’T BE COMBINED WHERE THERE IS AN OVERSPEND IN ONE BUT AN UNDERSPEND IN ANOTHER

By Bronia Hartley Sony Communications International AB (Claimant) v SSH Communications Security Corp (Defendant): SSH Communications Security Corp (Part 20 Claimant) v (1) Sony Mobile Communications AB (2) Sony Computer Entertainment Europe Ltd (3) Sony Europe Limited (4) Sony Network Entertainment Europe Ltd (Part 20 Defendants) [2016] EWHC 2985 (Pat)  HEADLINE: Each phase of the […]