2018
Failure to restore company to the register: appeal judgment supports strike out of deafness claim in light of claimant's defaults
Patrick McBrien of DWF's disease team has succeeded in applying for this occupational deafness claim to be struck out and then more recently in resisting the claimant's appeal against the district…
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Scotland Focus
Our monthly round-up of developments dominating the legal landscape in Scotland.
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The Disclosure Pilot cleared for take off
Following a lengthy consultation process, the Disclosure Pilot was recently published as Practice Direction 51U to the Civil Procedure Rules. The two-year pilot scheme is set to launch in the Business…
Read moreAppeals – "The Show Must Go On" or "Another One Bites the Dust"?
In the same month as the Freddie Mercury / Queen biopic Bohemian Rhapsody hit UK cinemas, Coulson LJ provided useful guidance on the proper scope of appeals where parties disagree with the trial…
Read moreChanges to third parties' rights against insurers
Between 1930 and 2016, anyone looking to make a claim against a dissolved company's insurers needed to restore the company to the Companies Register first before being able to pursue the insurers…
Read moreGround rent risks – 12 months on
In an article for Estates Gazette dated 31 July 2017, we identified the potential for claims against professionals where they failed to consider the implications of the ground rent provisions in…
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Motoring on - the bumpy road to MID reform
In May 2018 the European Commission published its legislative proposal for changes to the EU rules on motor insurance. This followed its 2017 REFIT consultation which sought views on updating a number…
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NIHL fundamental dishonesty finding
DWF working with Allianz Insurance has succeeded in obtaining a finding of fundamental dishonesty in a claim for noise induced hearing loss, where it emerged that the claimant had brought a similar…
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QOCS: further judgment says no protection for defendant as to costs of a counterclaim
David Brown and Steven Dawson consider the decision in Waring v McDonnell (2018) as another county court decision on the effect of QOCS on counterclaims following swiftly on the heels of the earlier…
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