News & Updates
The Professional Perils of Genetic Testing…and Mountaineering
Defendants in many areas of law can often feel that they are 3-0 down once breach of duty is conceded, but causation can give rise to significant opportunities to retrieve the situation, whether as a…
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£6.6 million personal injury claim falls away due to fundamental dishonesty
DWF has obtained a significant reduction in a substantial claim for damages, raising arguments of fundamental dishonesty. Whilst the claimant had genuinely suffered a serious hip fracture, the…
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Highways: the power of data in s.41 disputes
Caroline Sanders acted for Surrey County Council in Surrey County Council v Hillard on their successful appeal against a district judge's decision that it was in breach of s.41 Highways Act 1980,…
Read moreHousing disrepair claims on the rise
There has been an unprecedented surge in the number of housing claims where it is alleged the property is in disrepair, resulting in extensive financial exposure to private landlords, local…
Read moreJapanese knotweed: actionable claim in private nuisance
In 2018, the Court of Appeal upheld the County Court decision in Network Rail Infrastructure Ltd v Williamsand another, that Network Rail had caused an actionable private nuisance by failing to take…
Read moreFreebies for friends? Burgess v Lejonvarn revisited
The 2016 preliminary issues decision in Burgess v Lejonvarn (upheld on appeal in 2017) sparked much interest, holding as it did that an architect owed her friends a duty of care whilst providing…
Read moreVR Series #10 - Gamification of Exercise of Fibromyalgia
With particular thanks to Samuel Anstee (Torfaen County Borough Council / Cyngor Bwrdeistref Sirol Torfaen) I have recently read a research paper prepared by Katherine Houlahan and entitled…
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Reports of substantial reduction in litigation rates for personal injury claims may be exaggerated
At the end of last year the Ministry of Justice released its quarterly litigation data for Q3 of 2018 which showed a further reduction in the number of personal injury claims which reached the stage…
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Scotland Discount Rate
This week the Damages (Investment Returns and Periodical Payments) (Scotland) Bill last night received the support of the Scottish Parliament and will now proceed to Stage 2 where amendments can be…
Read moreThe Civil Liability Act 2018 arrives but latest Claims Portal data shows a confident market
On the day that the Civil Liability Bill gets Royal Assent and becomes the Civil Liability Act 2018, we look to the Claims Portal data for the month of November and see signs of a recovering claims…
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