Author Archives: zenithpi

FRAUD – NO FREE PASS FOR GETTING JUDGMENT SET ASIDE

By Bronia Hartley   Takhar v Gracefield Developments Ltd & Ors [2017] EWCA Civ 147 Headline: In applying for judgment to be set aside on the basis of fraud, a party must establish that the evidence of fraud was not available at the time of the trial and could not have been discovered with reasonable […]

ADVICE FROM THE TOP…UPCOMING TALKS WITH MEDICAL EXPERTS

By Catherine Duffy   Following the success of our recent talk ‘Cancer, Causation and the Courts’ with Consultant Oncologist Andrew Proctor and speakers Gordon Exall and Helen Rutherford, our series of talks showcasing medical experts continues. Venue: Radisson Hotel, No.1 The Light, The Headrow, Leeds, LS1 8TL                 […]

Zenith Chambers PI Wine and Wisdom Seminars 2017

By Justin Crossley The below Wine and Wisdom events will be held at the Radisson Hotel, No.1 The Light, The Headrow, Leeds, LS1 8TL and will cost £25 each. The events will be from 4:00pm-6:00pm (Registration from 3:30pm).  If you are interested in attending any of the below events please email our Marketing Administrator who […]

Unreasonable Behaviour – Costs on the Small Claims Track – Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269

By Jonathan Holsgrove   In 2002, Mr. Dammermann entered into a mortgage with a bank.  He defaulted on that mortgage and LPA receivers were appointed.  The receivers appointed Lanyon Bowdler to conduct the sale of the property.  On sale of the property Lanyon rendered a bill to the receivers that was paid and became part […]

Stage 1 Costs Do Not Need To Be Repaid – JC and A Solicitors v Iqbal (1) EUI (2) [2017] EWCA Civ 355

By Colin Richmond     The Court of Appeal has today handed down judgment in the JC and A Solicitors v Iqbal [2017] EWCA Civ 355. The Issue This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the […]

Low-Budget Litigation – Not Necessarily A Good Thing – Parties Should Not Treat Costs Budgeting As Some Sort Of Game

By Colin Richmond It is far from unknown, in my own experience of costs management hearings, for a party which does not expect to recover any costs (for example, a defendant in a case where liability has been admitted) to serve a very low costs budget. Often, such budgets appear not only to be low, […]

Duties of care owed by hospital receptionists: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151

By Peter Yates Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 Mr Darnley, the Claimant, was assaulted. He received a head injury. His friend drove him to a nearby A & E department. The hospital in question operated a commonly used system; a “civilian” (i.e., non-clinically qualified) receptionist would take the patient’s […]