News & Updates
The whole claim and nothing but the claim
The judgment in the appeal in Basir v Larizadeh, heard earlier this year has recently become available, and highlights a further difficulty that has arisen with the interpretation of s.57 Criminal…
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The future of disease claims – where is the legacy market heading?
After a turbulent few years in the disease claims market, characterised by the well documented surge in the volume and costs of NIHL claims followed by slow progress towards reform, proposals for FRC…
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Lack of witness credibility leads to a failure of a lost chance claim
The recent decision of His Honour Judge Pearce in Waraich & Anor –v- Ansari Solicitors (A firm) , a case involving the doctrine of lost opportunity, is one of the first to apply the recent Supreme…
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CN v Poole Borough Council: unanimous Supreme Court decision changes the landscape for failure to remove claims
Paul Donnelly and David Weir consider the implications of the decision handed down yesterday by the Supreme Court in Poole Borough Council v CN (2019)
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Court of Appeal imposes broad direct obligation on MIB in Lewis v Tindale
Amy Jeffs and Charlie Mahoney consider the Court of Appeal's judgment in MIB v Lewis, looking at the original decision, the basis on which the MIB brought the appeal, the court's judgment, and the…
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Approaching Civil Liability Act reforms trigger new trends of decreasing claims volumes alongside change of claimant priorities from quantum to costs
The release of the Claims Portal data for April allows a further review of current trends with the Civil Liability Act and associated Small Claims Track reforms now being expected to be 12 months…
Read moreLooking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
Read moreReporting mistakes and loss of a chance
In Hanbury & Ors v Hugh James [2019] EWHC 1074 (QB), the defendant firm failed to send a crucial document to its client's expert, leading to the underlying claim for personal injuries not being…
Read moreThe Disclosure Pilot Scheme – Objectives, Disclosure Duties and Requirements
The two year Disclosure Pilot Scheme was introduced on 1 January 2019 and applies to all existing and new proceedings in the Business and Property Courts. In this article we review the objectives of…
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Scotland Focus
Our monthly round-up of developments dominating the legal landscape in Scotland.
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