News & Updates
What is "a claim" for the purpose of Part 36? Court of Appeal rejects liberal interpretation
David Brown takes a look at the recent decision in Hertel v Saunders (2018) in which the Court of Appeal was asked to consider, once again, the scope of CPR Part 36, in particular the meaning of "the…
Read moreA potential way out of QOCS for defendants in mixed claims made clearer
In the recent decision in The Commissioner of Police of the Metropolis & Anor v Brown (2018) Mrs Justice Whipple has held that in mixed claims (claims arising out of a cause of action for both…
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Adjudications: quick answers more important than right answers
Challenges to Adjudication enforcement applications are rarely successful. Whether or not the Adjudicator's decision is right or wrong is not a matter for the Court to determine. The recent case of…
Read moreClaims volumes of all types are up across the board in July while longer term trends point to stabilising volumes
The data from Claims Portal for July allows a further sighting of likely future claims numbers on the eve of the Civil Liability Bill proceeding to Second Reading in the House of Commons.
Read moreContract wording trumps Prevention Principle
The Contractor had freely agreed to clear contractual wording whereby they assumed liability for any delay they caused which was concurrent with delay caused by the Employer. Therefore, they could…
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Successful defence of high value road traffic claim in QOCS environment
DWF has successfully acted for Aviva and their insured in a claim following a road traffic accident on a slip road where the claimant motorcyclist alleged the defendant had been negligent in slowing…
Read moreDon't Assume! – Contractual Necessity
Where parties have a long course of dealings together, it can sometimes be tempting to skip the contractual formalities involved each time a piece of work is carried out. A recent decision in the TCC…
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Matters of the Heart
Can a solicitor acting for a grieving family in an Inquest be liable in negligence if their concerns are not completely allayed?
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Scotland Focus
Our monthly round-up of developments dominating the legal landscape in Scotland.
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Vicarious liability and independent contractors
Vicarious liability has regularly been under the spotlight recently. Sheryl Bignell and Paul Donnelly look at the Court of Appeal's decision which clarifies that following repeated extensions to the…
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