April
Articles matching "causation"
Claimant limited to portal costs following unreasonable exit from portal
DWF has successfully restricted a claimant to fixed portal costs following a premature decision to remove the claim from the MoJ portal. Sukhjit Dhadwal, who represented the defendant Local Authority…
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Failure to establish cause of fire extinguishes claim
Property fire cases can often involve multiple possible causes and limited physical evidence in the aftermath making it difficult to conclusively determine causation. Elliott Bromley and Rachel…
Read moreCausation: a key element to any professional negligence claim
The Defendant Accountants failed to give appropriate advice to the Claimant on certain changes introduced by the Corporation Tax Act 2009. The Claimant alleged that had it been appropriately advised,…
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DWF Case Update: Employers’ liability
Following on from the recent Court of Appeal decision in West Sussex County Council v Fuller, Sue Howes reviews her successful defence of Johnson v Hartlepool Borough Council, a further reminder that…
Read moreEmployers’ liability: Causal relevance of failure to carry out risk assessment
As can be seen in our recent case of Johnson v Hartlepool Borough Council, the issue of risk assessment is only one component of establishing liability in an employers’ liability claim. Just days…
Read moreTrees and subsidence damage to property: a quick guide for local authorities
Following on from his article on tree risk management and the law in respect of catastrophic tree collapse in the Spring Local Authority Brief, Gabriel Fay now looks at the relevant law in relation to…
Read moreCausation and mitigation of loss in conveyancing solicitors’ professional negligence
The recent decision of (1) Michele Raffaello Bacciottini, (2) Rosemary Anne Cook v Gotelee & Goldsmith (a firm) (2014) Ch D provides a useful example of how the use of arguments of failure to mitigate…
Read moreSuccess fee reduced from 100% to 30% in DWF catastrophic injury claim
The High Court has recently had to assess the appropriate success fee in a DWF catastrophic injury case where liability was admitted but there were complex arguments on causation. Sarah Mir who was…
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Injuring the injured: quantifying the defendant’s liability
Philip D’Netto reviews Reaney v University Hospital of North Staffordshire NHS Trust (2014) which looks set to reopen the debate about how to quantify the defendant’s liability when a claimant has a…
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Causation arguments not precluded by default judgment
In Symes v St George's Healthcare NHS Trust (2014), the High Court had to determine whether the defendant was precluded from raising arguments on causation when default judgment had been entered.…
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