Tag Archives: Elliot Kay

Late amendments to pleadings- proceed with caution

 By Elliot Kay Secker v Fairhill Property Services Limited and Others [2016] The Claimant had purchased a new build property which had been constructed by the First Defendant company. Slightly over a year later the Claimant tripped over a paved step in her garden which rendered her tetraplegic. The other Defendants to the claim were […]

Vicarious Liability considered by the Court of Appeal- Fletcher v Chancery Lane Supplies Ltd [2016]

 By Elliot Kay An employer appealed a first instance decision in which it was held vicariously liable for the actions of employee. The employer operated a plumbing business and had premises on both sides of a road (one set of premises were used as an office, the other premises were used as a shop).  At […]

Accidents abroad: The need for evidence of local standards

By Elliot Kay Lougheed v On The Beach Ltd [2014] EWCA Civ 1538  Summary A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been […]

The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered

 By Elliot Kay Abdulle and others v Commissioner of Police for the Metropolis Summary Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the […]

Poetic Justice and Ex Turpi Causa – Can a claimant claim if injured during a criminal act?

 By Elliot Kay Can someone injured whilst committing a criminal act claim damages? A recent decision says no. Beaumont and O’Neill v Ferrer [2014] EWHC 2398 (QB) Two seventeen year old Claimants, Beaumont (B) and O’Neill (O), conspired with others to take a taxi from Salford to Manchester city centre and to make off without […]

Costs Budgets, Signatures and Common Sense

  by Elliot Kay Americhem Europe Ltd v Rakem Ltd and George Walker Transport Ltd [2014] EWHC 1881 Whilst in a perfect world it is hoped that all costs budgets will be signed by a “senior legal representative”, it appears that it will not be fatal if the budget is in fact signed by a […]

Part 36 Offers: Back to Basics

Elliot Kay Saigol v Thorney (t/a Thorney Motorsport) [2014] EWCA Civ 556 Introduction This case concerns the costs consequences of an offer which purports to be made within the terms of Part 36 but in fact fails to meet the requisite criteria. Their Lordships held that an offer of settlement which does not fall within […]