Monthly Archives: October 2017

COUNCIL VICARIOUSLY LIABLE FOR FOSTER PARENTS: SUPREME COURT DECISION TODAY

In the judgment today  Armes v Nottinghamshire County Council [2017] UKSC 60 the Supreme Court held that a local authority could be vicariously liable for the acts of foster parents. It is an important development of the principles relating to vicarious liability. THE CASE The claimant’s case is that she had been abused by foster […]

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget

By Colin Richmond   I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been […]

Johnson v MoD and date of knowledge in noise-induced hearing loss limitation trials

By Mark Henley The decision of the Court of Appeal in Johnson v Ministry of Defence [2013] P.I.Q.R. P7, [2012] E.W.C.A. Civ 1505 provides a potential “knockout blow” for Defendants in noise-induced hearing loss limitation trials where attributability is disputed by the Claimant. Legal summary Issues relating to limitation in noise-induced hearing loss trials can […]

Whalley v Advantage Insurance [2017]: Costs consequences following the late acceptance of Part 36 offers in fixed costs cases

By Elliot Kay   The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on […]