Case Commentaries
Greene Wood & McLean v. Templeton Insurance [2009] EWCA Civ 65 (CA)
Service out of jurisdiction – CPR r.6.20(5)(c); contract – implied terms
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Alexis v Newham London Borough Council [2009] EWHC 1323 (QB)
No liability for a local authority where a pupil laces a teacher's drink with board cleaner. For a full case commentary see below.
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Huntley v Simmonds [2009] EWHC 406 (QB)
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Toropdar v D [2009] EWHC 567 (QB)
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Beddoes and others v Vintners Defence Systems and others (2009) Newcastle CC, Unreported, HHJ Walton
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Watson v Nottinghamshire Healthcare NHS Trust
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Kirk V Walton [2008] EWHC 1780 (QB)
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Perry & Perry v Harris (a minor) [2008] EWCA Civ 907
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Shortell v BICAL Construction Ltd
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Conner v Bradman - Application of Ogden 6th Edition
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Ley v. Devon County Council - Sounding the Retreat on Gulliksen?
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Johnston v NEI International Combustion Ltd; Rothwell v Chemical & Insulating Co Ltd; Topping v Benchtown Ltd; Grieves v F T Everard & Sons
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Nicola Adedeji v. Corporation of London
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Welsh v Stokes
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Conn v Sunderland City Council [2007] EWCA Civ 1492
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Ellis v Bristol City Council – a slippery decision?
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Deadman v Bristol City Council 31st July 2007
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Michael Smale v (1) Steven Ball (2) Motor Insurers Bureau
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Robb v Salamis - Foreseeing the unforeseeable
The House of Lords considers PUWER. 12 February 2006
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Jennifer Arden v. Anthony Malcolm [2007] EWHC 404 (QB)
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Phillip Cattlin t/a Success First v Jodie Croxford Employment Appeal Tribunal, UKEAT/0231/06.
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Flora v Wakom, periodical payments and indexation: the story continues?
Further High Court decisions. 23 November 2006
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Thomas v The Home Office: Agreeing extensions of time for service of a claim form - how not to do it
A salutory Court of Appeal case. 8 November 2006
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Compensation for victims of uninsured or unidentifiable users of motor vehicles
Updated version of the PIBA document which gives a detailed account of the system for compensating victims of uninsured or unidentifiable drivers. Please click here to read the article.
Toth v Jarman - Experts and conflicts of interest
Further guidance on best practice from the Court of Appeal. 6th September 2006
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Clark v Bowlt - The Animals Act claims another judicial victim
The Court of Appeal revisits these difficult provisions. 6th September 2006
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Miller v Hales, QBE International Insurance and MIB - Policemen, employees, and getting into a car
This case offers an instructive analysis of difficult points within the Road Traffic Act 1988. 6th September 2006
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Flora v Wakom (Heathrow) Ltd: Indexation of periodical payments - is the RPI the only method?
The Court of Appeal takes an early look at the new law. 6th September 2006
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Shinedean v Alldown Demolition & AXA: Failing to co-operate with insurers within a reasonable period - does prejudice matter?
An important decision defining insurers' iability to indemnify in respect of claims of which they were not informed . 6th September 2006
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Hughes v Carratu International plc: Enquiry agents and the wrong side of the law
A cautionary highlighting the limits of legitimate investigation. 6th September 2006
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Barker v Corus: Dividing the Indivisible
Consideration of the House of Lords judgment on the apportionment of mesothelioma claims post-Fairchild. 14 June 2006
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Crofton v NHSLA - The No Loss Defence for Care
A further instructive case on the controversial area of the effect of local authority care provision. 5th March 2006
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Denton Hall Legal Services & Ors v Fifield - Inconsistent Statements in Medical Records; False Alarm or Timely Reminder.
The judgment of Lord Justice Buxton in this case has thrown doubt upon the correctness of the manner in which medical records are currently used at trial.
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Corr v IBC Vehicles: Compensating for suicide in PI claims
The Court of Appeal considers this vexed and controversial issue. 8 May 2006
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Jennifer Brown v Ministry of Defence - Calculating your chances: the percentages game in assessing damages
The Court of Appeal provides important guidance to the assessment of loss of earnings. 16 May 2006
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R v HTM: Criminal liability for Accidents at Work
Discussion of the important Court of Appeal ruling issues of foreseeability and employee blame in Health & Safety Prosecutions. 23 May 2006
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Kearsley v Klarfeld - Low Impact Collisions; PI Controversy Du Jour
The Court of Appeal considered the correct approach to pleadings and procedure in these claims and set the stage for a cohort of test cases. 3rd Februray 2006
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Trespassers Will Be ... Disappointed - Maloney v Torfaen CBC, Keown v Coventry Healthcare NHS Trust
Two important Court of Appeal decisions on occupiers' liability. 15th February 2006
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Aer Lingus v Gildacroft - Time Limits For Contribution Proceedings
In this extremely important case the Court of Appeal handed down definitive criteria for when a cause of action accrues under the Civil Liability (Contribution) Act 1978. 24th January 2006
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Glass v Surrendran - Serve or Be Damned
In this salutory case the Court of Appeal confirmed and empahsised how little leeway claimants have when they fail to serve the claim form in time. 24th Januray 2006
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Sowerby v Charlton: Admit in Haste, Repent at Leisure
The Court of Appeal provides an important ruling on the issue of resiling from admissions. 21st January 2006
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Johnstone v East Lancashire Hospitals NHS Trust - Stress Revisited - UPDATED
A case that usefully considers the entire spectrum of issues commonly arising in stress at work claims. 13th January 2006 This case commentary has been updated following the decision of the Court of Appeal on 22nd March 2006 to refuse the Claimant's application for permission to appeal.
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Viasystems (Tyneside) Limited v Thermal Transfer (Northern) Limited & Others - Double Indemnity
A landmark decision on vicarious liability. 20th December 2005
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Donaldson v Hays Distribution Services Limited - The Limits of Regulation
An important Scottish case on Health & Safety Regulation. 1st November 2005
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YM v Gloucestershire Royal NHS Trust - Periodical Payments and NHS Foundation Trusts
An important high court case under the new regime. 28th October 2005
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McGlinn v Walter Contractors - Recovery of Pre-Action Costs
A helpful High Court decision on when costs can be recovered if a Claimant does not litigate in respect of his allegations. 4th October 2004
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James v Butler: Love thy neighbour - but let him do his own DIY
The Court of Appeal overturned a trial judges findings in this instructive case of household negligence. 28th September 2005
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Wright v Sullivan - He who pays the piper doesn’t call the tune
A set-back for insurers as the Court of Appeal rules that Defendants can have little input into a care regime that they pay for. 29th July 2005
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Aer Lingus plc v Gildacroft Ltd & Sentinal Lifts Ltd - Limitation in Contribution Proceedings
High Court decision on the very important point of when a cause of action accrues under the Civil Liability (Contribution) Act 1978. 15th July 2005
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KU v Liverpool CC - Judicial Imposition of 2-Stage CFA Uplifts
The Court of Appeal decided that the Court's powers did not extend to imposing a two-stage uplift when the solicitor and client had not agreed one. 5th June 2005
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Hajigeorgiou v Vasiliou - Disclosure of Unwanted Expert Reports
The Court of Appeal revisits the vexed issue of privilege and expert shopping. 28th April 2005
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Dudarec v Andrews: Mitigation and the Requirement to Undergo Medical Treatment
A professional negligence case illustrating the thorny problem of the effect of refusal to undergo recommended surgery on quantum in a personal injuries action. 1st April 2004
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Maguire v Harlaand & Woolf - Liability for Indirect Asbestos Exposure
In this instructive case the Court of Appeal overturned the trial judges finding that it ws foreseeable that a wife was at risk from her husband's exposure to asbsestos. 4th March 2005
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Brown v Drake International - The Indemnity Maze
In this case the Court of Appeal restricted the scope of an indemnity between an employer and a sub-contractor in respect of a personal injuries claim, whilst simultaneously suggesting a broad approach to such clauses generally. 3rd February 2005
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Keeley v Pashen - Bad News For Motor Insurers
The Court of Appeal in this case interpreted a motor policy very strongly against the insurer. 5th January 2005
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Crouch v King - Defendants
The Court of Appeal considered what the effect should be when a defendant made an offer to settle that was not backed by a payment into Court. 25th November 2004
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Chester v Afshar - Liability for Failure to Warn of Medical Risks
A landmark House of Lords decision on clinical negligence. 27th Ocotober 2004
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Jackson v Marley Davenport - Privilege and the Expert Witness
The Court of Appeal in this case addressed whether an expert’s report previous to the one served was protected by legal professional privilege. 26th October 2004
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Blackham v Entrefose - Accrued Interest and Part 36 Payments
In this case the Court of Appeal gave important guidance as to how interest should figure in deciding whether a payment into court was bettered. 29th September 2004
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Richardson v Howie - No Aggravation: the Compensatory Nature of Damages for Assault
In this case the Court of Appeal held that damages in civil claims for assault and similar torts should, save in the most exceptional case, be purely compensatory with no additional award for aggravated damages. 7th September 2004
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Eagle v Chambers: The cost of investment advice - is it recoverable?
In Eagle v Chambers the Court of Appeal has given helpful clarification as to the recoverability of the fees of financial advisers, a matter that was previously the subject of conflicting first instance decisions. 9th August 2004
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Dunnachie, Eastwood and McCabe: Dismissal, injury and the death of Johnson
In these landmark cases the the House of Lords ruled out the possibility of the Employment Tribunals awarding damages for psychiatric injury or injury to feelings consequential to dismissal, but allowed civil claims to proceed where the psychiatric injury had been caused by events leading up to dismissal. 22nd July 2004
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Blake v Galloway: Liability for Horseplay
In Blake the Court of Appeal dealt with tricky issues of negligence, battery and consent in the contex of when childrens' games go wrong.
30th June 2004
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Stevens v Blaenau : The effect of previous complaints from tenants on a local authority's liability in negligence
In this case the Court of Appeal held that a tennant's complaint that her flat did not possess window locks did not impose on the local authority landlord a duty of care so as to render them liable for personal injuries when the tennant's child fell from a window. 24th June 2004
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Page v Plymouth Hospitals - Recovering Investment Costs
In this case Davies J held that the cost of future investment advice was not recoverable. 9th June 2004
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Smiths Dock v Edwards: Asbestos and Uplifts
In this case the Court allowed a 87% uplift in a mesothelioma claim. 3rd June 2004
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Hastroodi v Hancock: A tough approach towards the extension of time for service of claim forms under CPR 7.6
In Hastroodi the Court of Appeal made clear the drastic consequences of a failure to properly serve a claim form withing the required period. 2nd June 2004
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Perotti v Collyer Bristow - Restraining the Vexatious Litigant
In Perotti the Court of Appeal delivered a salutory decision illustrating the principles applicable to obtaining an order to restrain a vexatious litigant. 2nd June 2004
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