Author Archives: zenithpi

FUNDAMENTAL DISHONESTY – YOU HAVE BEEN WARNED (HOPEFULLY)

I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from […]

Withdrawn but not forgotten – Part II: Britned Development Limited v ABB AB & Anor [2018] EWHC 3142 (Ch)

Another case dealing with the thorny issue of withdrawn Part 36 offers is Britned Development Limited v ABB AB & Anor. Here, the Defendant withdrew a Part 36 offer after trial but before judgment. The Claimant was awarded damages in a lower sum and the parties were in a dispute as to the costs consequences. […]

DANGEROUS DRIVING, JOINT CRIMINAL ENTERPRISE and EX TURPI CAUSA DEFENCE: is MENS REA made out?

In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence. Two motorists drove alongside each other on a dual carriageway […]

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal

This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin.  Lady Justice Asplin gave the leading judgment with which the Lord Justices agreed.  However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be […]

​Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal

In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form. That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period […]

​Reckless contempt: Liverpool Victoria Insurance Company Limited v Khan and others [2018] EWHC 2581 (QB)

The need to avoid making dishonest and misleading assertions in the context of litigation is not, frankly, something which the High Court should need to reiterate. The judgment of Garnham J in Liverpool Victoria Insurance Company Ltd v Khan and others [2018] EWHC 2581 (QB) therefore makes for sobering reading. The interesting point of principle arising out […]

​Allen v Brethertons LLP (2018)- You’ve got to send a bill of costs to your client, even in fixed costs cases

This is a recent decision of the Senior Courts Costs Office which deals with the need for solicitors to provide their clients with a bill of costs, even in fixed costs case where the solicitors were instructed on the basis of a CFA and where costs were recovered from the other side. The Defendant firm […]