In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.   THE CASE The claimant was the widow whose husband died from a cardiac arrest.   It was successfully argued that that the presence […]

By Frances Lawley   Briggs v CEF Holdings Ltd (2017) CA (unreported) It is not uncommon for a defendant to make a part 36 offer early on in proceedings before the full prognosis is known. The frequency with which claimant representatives are faced with the difficulty of advising clients in these circumstances does not reduce […]

By Justin Crossley   Marsh v Ministry of Justice (2017) QBD is a timely reminder of the need for parties to consider Alternative Dispute Resolution (ADR) in personal injury claims. The Claimant, a Prison Officer, succeeded in a claim for personal injury against his employer, the Ministry of Justice.  Having succeeded in the claim Thirlwall […]

By Catherine Duffy INTERACTIVE TECHNOLOGY CORPORATION LTD V FERSTER [2017] EWHC 1510 Judgement  – 22 June 2017 CPR r36.16 Mr Justice Morgan held that the existence of Part 36 offers by the defendants meant that the costs after a preliminary hearing had to be reserved to the end of the case.   The fact that […]

By John Collins   Crawley v Barnsley MBC [2017] 1WLR 2329 may well have surprised both local authorities and those who follow the law reports. It strikes one as very much a decision on its own facts and typical of the numerous cases which these days clutter the Lexis reports.  If it does indeed state […]

By Peter Yates In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications. Paul Dodd, who had been staying in a flat in London, went to go downstairs. As he was walking down the stairs he […]

By Colin Richmond   Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792. The judgment provides some clarity following not […]