Monthly Archives: April 2018

Civil Liability Bill Emerges Unscathed After Second Reading in The House of Lords on 24 April 2018

The Civil Liability Bill, which will bring in significant reforms for personal injury claims if it comes into force, had its second reading in the House of Lords on Wednesday this week.  It was debated for around four hours.  Despite criticism from several peers, the bill will move to the committee stage of consideration next […]

The fruits of iniquity: RTA Protocol fixed costs and the solicitor’s lien

On 18th April 2018 the Supreme Court gave judgment in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. The case represents an important victory for Claimant solicitors, who would be well advised to review their files for previous cases falling within its ambit. The case concerned the recoverability of Claimant solicitors’ costs in circumstances where, […]

Bundles of Joy – Trial Bundles and The Poor Old Judge

Your average Counsel is a fairly robust beast of burden, used to carrying large amounts of paper, without complaint, the length and breadth of the country. Trial bundles running to several hundred pages in even the most straightforward of personal injury cases are not uncommon. In my experience, however, judges are becoming more and more […]

Can you run in school? – The duty of care owed to school children after Pook v Rossall

The shouts from teachers of ‘don’t run’, ‘slow down’ and ‘keep to the left’ echo around the corridors of schools up and down the country.  Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in […]

Fundamental Dishonesty or Fundamental Miscommunication?

In Wright v Satellite Information Services Limited [2018] EWHC 812 (QB) the Defendant appealed against the decision of the trial judge, HHJ Pearce, who refused to make a finding of fundamental dishonesty within the meaning of section 57 of the Criminal Justice and Courts Act 2015. The case highlights the need for consistency of approach between the […]