Tag Archives: barrister

Paying the incorrect court fee – Some relief for Claimants

 By Justin Crossley Wells v Wood and Nottingham County Council CC (Lincoln) 09/12/2016 This is another case in which the court considered a Defendant’s application that a claim was statute barred following the payment of an incorrect court fee on issue. Zenith Chamber’s Gordon Exall acted for the successful Claimant. Facts The Claimant had been […]

Future loss of earnings (Ogden vs Smith v Manchester approach), loss of congenial employment, material contribution test: A review of the decision in Kennedy v London Ambulance Service NHS Trust [2016] EWHC 3145 (QB)

By Vilma Vodanovic (Decision of HHJ Peter Cotter QC sitting as a deputy High Court Judge) This was a case of carbon monoxide poisoning. Liability was admitted; the matter was listed for an assessment of damages hearing. The interesting part of the decision is yet another example of the need not to focus too rigidly […]

Privilege – Closing the Stable Door

 By John M. Collins Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the […]

Ilott v Mitson – While we wait

 By John M. Collins On Monday 12th December, fresh from their outing in the fields of Brexit, seven Justices of the Supreme Court sat to hear the appeal of the Charities in Ilott v Mitson. The hearing was preceded by reports in the national press, all of which seem to me to have missed the […]

Justifying battery. What do the police have to do? – Chief Constable of Merseyside Police v McCarthy [2016] EWCA Civ 1257

 By Jonathan Holsgrove The Court of Appeal have recently laid down law likely to bring much relief to police forces concerned about the use of tasers. Mr. McCarthy had been enjoying a night out in Liverpool when he became involved in a violent incident. He together with friends had pursued another man and viciously assaulted […]

ARE YOU SURE ABOUT THAT?

 By Christopher Rafferty The Court will inevitably carefully consider any expert evidence before it. There are however certain instances in which a very high level of reliance is placed on medical evidence. In these cases one might think it crucial to have an expert solidly committed to their conclusions, unshakeable in the face of stern […]

Decision: The Court Cannot Compel Translators to Attend for Cross Examination

By Helen Rutherford http://www.bailii.org/ew/cases/EWHC/QB/2016/3004.html Kimathi v Foreign & Commonwealth Office [2016] EWHC 3004 (QB) This is a case which has popped up in the legal press a few times recently. It involves some 40,000 Claimants (25 test Claimants) bringing claims for assault and battery relation to detention in Kenya in the 1950s. On this occasion, […]