Author Archives: zenithpi

Zenith’s Newly Appointed Deputy District Judges

Zenith Chambers are proud to announce that the Lord Chief Justice has appointed; Colin Richmond, Ruwena Khan, Chris Rafferty, Mark Henley and Keith Allen as a Deputy District Judge on the North Eastern Circuit. Huge congratulations! Advertisements

EXAGGERATION NOT NECESSARILY FUNDAMENTAL DISHONESTY

Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) Claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive The claimant was a qualified gas engineer who, on 14th July 2013 in the course of his employment, […]

Aches on a Plane: Claimant unsuccessful after uncomfortable flight

In Prosser v British Airways Plc [2018] EW Misc  the Claimant was unsuccessful in his claim for damages arising from an injury suffered as a result of sitting next to a passenger of large stature  on the Defendant’s aircraft. Frances Lawley THE RELEVANT TEST The relevant test was: that the claimant suffered injury; as a result of an […]

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Withdrawn but not forgotten – Part II: Britned Development Limited v ABB AB & Anor [2018] EWHC 3142 (Ch)

Another case dealing with the thorny issue of withdrawn Part 36 offers is Britned Development Limited v ABB AB & Anor.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 […]