News & Updates
Claimant limited to fixed Portal costs following failure to use MoJ Portal
Last month we reported on the Court of Appeal decision in Williams v The Secretary of State for Business, Energy & Industrial Strategy (2018) which gave costs guidance where a claimant failed to…
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Fitness for Purpose: Light at the end of the tunnel?
In October 2017 we reported on the well-publicised Supreme Court’s decision in MT Højgaard v E.ON ("Højgaard") which held that a fitness for purpose obligation required the contractor to achieve a…
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Limitation: More than a hollow provision
In the recent case of Lee v Nationwide Building Society, the Court were asked to consider by way of preliminary issue, whether to grant the Claimant permission to continue with a claim which had been…
Read moreProfessional negligence adjudication – the dream becomes reality?
The Adjudication Scheme for Professional Negligence Claims ("the Scheme") pilot has concluded and been added to the Pre-Action Protocol for Professional Negligence Disputes ("the Protocol"). Following…
Read moreStrategic costs issues concerning Part 36 and QOCS reach the Court of Appeal in June
Satellite litigation arising out of the Jackson reforms – now over five years old – continue to occupy the appeal courts, and June will see two costs issues of particular interest reach the Court of…
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No extension of duty for control of roadside vegetation
Gabriel Fay reviews this sensible and useful decision for highway authorities and other landowners. In Sumner v Colborne, Denbighshire County Council and The Welsh Ministers, the Court of Appeal…
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Workplace regulations: policing the overlap between regulations and curtailing the impact of Hide v Steeplechase
The Chief Constable, and the company responsible for maintaining a police station, were not liable for injuries caused when a police officer trapped her thumb in an electronically operated door when…
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April portal data contains pointers towards stabilising volumes and increased quantum levels
Release of April's portal data allows the opportunity to reassess key matrices as to claims volumes and levels of damages while the Civil Liability Bill continues its progress through the House of…
Read moreJustice Committee throw new obstacles in the way of reform to small claims handling
Today saw the publication of the latest report from the House of Commons' Justice Select Committee, which deals with their analysis of the impact of the proposed increases to the Small Claims Track…
Read moreVR Series #1: Virtual Reality Physiotherapy - updated 12.5.18
Following last week's highly successful and interesting 'DWF Catastrophic Injury Conference' [13th March 2018] I thought that I would take the opportunity to begin a series of articles related to…
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