Catastrophic injury: Capacity to litigate - settlement
Dunhill v Burgin concerns issues of whether a Claimant had capacity at the time of settlement and whether the requirement for court approval under CPR 21.10 applies even if at the time of settlement the claimant was not known to lack capacity. The Supreme Court was due to hear the case on 4 November 2013, but this did not proceed and it will now be heard at a later date.
Professional risks: Solicitors – duty of care – acceptance of instructions from executive directors
Newcastle Airport was granted permission to take its professional negligence claim against Eversheds to the Court of Appeal. A hearing took place in June and judgment was handed down on 28 November 2013. Whilst the Claimants were successful in their claim, the court only awarded damages in the sum of £2, with the court concluding that, even if Eversheds had properly briefed their clients (as they should have done), it was unlikely that that brief would have been given proper consideration by the CEO. Eversheds were awarded their costs. Newcastle International Airport Ltd v Eversheds LLP (2013).
Professional risks: Solicitors – duty of care – wills
The Defendants have appealed the decision of Charles Hollander QC and the appeal is set to be heard on 13 or 14 March 2014. Feltham v Freer Bouskell (see our report of the decision on costs in this case)
s.151 Road Traffic Act 1988 – Directive 2009/103/EC – compatibility – right of recovery – uninsured driver
Post Magazine reports that the Supreme Court appeal in Churchill Insurance Company Ltd v Fitzgerald & Wilkinson & Ors is due to be heard on 12/13 February 2014. This case concerns the right of recovery in motor claims pursuant to s.151(8) Road Traffic Act 1988. Read DWF’s update following the 2012 Court of Appeal judgment.
Procedure: CPR r.3.9 – relief from sanctions – failure to comply with unless order
This case concerning post Jackson relief from sanctions was heard in the Court of Appeal on 10 December and awaits a reserved judgment Thevarajah v Riordan & Ors
Supreme Court: Permission to appeal results – July 2013
The PTA results for Oct/Nov can be found here. Of note, the Supreme Court have granted permission to appeal in two separate cases involving retention of DNA and fingerprint evidence: Gaughran v The Chief Constable of the Police Service of Northern Ireland and in R (on the application of Catt) v Commissioner of Police of the Metropolis & Anor.
This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.