Monthly Archives: December 2017

Solicitors, statements of truth and CNFs: Liverpool Victoria Insurance Company Limited v Yavuz and others [2017] EWHC 3088 QB

By Peter Yates   In Liverpool Victoria Insurance Company Ltd v Yavuz and others, Warby J found that the parties to a crash-for-cash conspiracy were guilty of contempt of court. The case put forward by Liverpool Victoria Insurance Company Ltd (“LVI”) was that “false and dishonest statements were made by the defendants in witness statements, […]

To Me…To You… – Assign Of Things To Come – Budana and CFA Assignment in the Court of Appeal

By Colin Richmond   The Court of Appeal has handed down its long-awaited judgment in the case of Alina Budana (Appellant) v Leeds Teaching Hospitals NHS Trust (Respondent) & Law Society (Intervener) [2017] EWCA Civ 1980. Briefly, the Court held that a Conditional Fee Agreement (“CFA”) can be validly assigned from one firm of solicitors […]

Can insurance provide security for costs? – Premier Motorauctions Ltd (in liquidation) and another v Pricewaterhousecoopers LLP & Another

By Jonathan Holsgrove   The Court of Appeal (link here) have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.  The substantive claim is a complex one strongly denied by the Defendants.  The Claimant companies allege that the Defendants, PWC and Lloyds Bank, conspired […]

COURT OF APPEAL OVERTURNS FINDING OF 10% CONTRIBUTORY NEGLIGENCE: CLAIMANT’S CONDUCT DID NOT FALL BELOW A REASONABLE STANDARD

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
In a short judgment today in Casson v Spotmix Ltd & Ors [2017] EWCA Civ 1994 the Court of Appeal overturned a trial judge’s decision that a claimant who suffered injury at work was contributory negligent. “the extent to which the claimant’s conduct could be criticised fell considerably…