News & Updates
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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Proposed Bill would extend the law of Culpable Homicide in Scotland to company directors and managers
A consultation was launched this month along with a draft Member's Bill from Labour MSP Claire Baker which proposes to amend the law of culpable homicide in Scotland. The draft Bill's stated aim is to…
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Civil Liability Bill completes its parliamentary progress as attention turns towards the new claims landscape
Yesterday saw the amendments made to the Civil Liability Bill in the House of Commons agreed to by the House of Lords so that it has now completed its parliamentary process and awaits Royal Assent. It…
Read moreConsistent signs of recovering levels of new claims volumes from latest portal data
Claims Portal have released their data for the month of October which shows that despite the Civil Liability Bill obtaining its Third Reading and moving towards Royal Assent via Ping Pong on 20…
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Pay first and argue later?
Following the important decision of Coulson J at first instance in Grove Developments Ltd v S&T (UK) Ltd [2018] EWCH 123 (TCC) in February of this year (which we considered in an earlier article),…
Read moreLooking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
Read moreWill the real 'commercial reality' please step forward…
The dispute arose from defects in the Castlepoint shopping centre's pre-cast concrete carpark ("the Car park"), which are so severe they are alleged to require the Car Park to be demolished and…
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Court of Appeal finds vicarious liability for violence of managing director during aftermath of company's Christmas party
Earlier this month the Court of Appeal handed down judgment in Bellman v Northampton Recruitment Ltd (2018). Samantha Chambers and Paul Donnelly consider the implications of the judgment which…
Read moreIs a negligent solicitor liable to a Claimant who acted fraudulently?
Stoffel & Co v Grondona [2018] EWCA Civ 2031 is a rather curious decision by the Court of Appeal which upheld a damages award to a Claimant in respect of a solicitor's negligence claim, despite…
Read moreIs it (Butter) worth suing Insurance Brokers and not Insurers?
A High Court insurance brokers' negligence case, notable for confirming the causation of loss principles to be applied, but with ramifications for future insurance coverage and insurance brokers'…
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