Liability
Find out more about DWF's employers and public liability team
Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
Read more
Snow and ice: is the highway 'endangered?'
Katrina Boyd reviews the evidence in this recent successful defence for Oxfordshire County Council, focussing on the highway's duty under s.41 (1A) of the Highways Act 1980 to ensure, so far as is…
Read more
Fundamental dishonesty finding in tripping claim
Alison Standfast reviews her recent successful defence of a tripping claim brought against Stevenage Borough Council. Alison draws out the significant credibility issues faced by the Claimant, leading…
Read more
Causation! Causation! Causation!
Local authorities should not be afraid to defend a claim on causation alone. Hazel James outlines her recent successful defence of a claim on behalf of Haringey Council, in which a strong challenge to…
Read more
Limitation in sexual abuse cases: further Court of Appeal guidance
Mark Fowles considers the recent judgment in JL -v- Archbishop Michael George Bowen and Scout Association [2017] in which the Court of Appeal concluded that the trial judge had been wrong to disapply…
Read more
Failure to provide litigation services in run up to introduction of LASPO leads to claimant recovering no costs
An attempt to sign a Claimant to a CCFA that provided for a success fee in the days ahead of the implementation of LASPO failed and as a result the Claimant was unable to recover any costs. Following…
Read more
Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
Read more
Fixed costs - more from the Court of Appeal on their use in pre-action disclosure applications as well as a forthcoming change to the rules around operation of the regime
Pre-action disclosure applications are commonplace in EL and PL claims, but for some time parties have disputed whether fixed recoverable costs ("FRC") or hourly rate costs should be recoverable in…
Read more
Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
Read more
Courts demonstrate a reluctance to extend the concept of vicarious liability in two important decisions in the High Court and Court of Appeal
Following on from the Supreme Court’s decision earlier this year in Mohamud v WM Morrison Supermarkets Plc (see DWF update) the High Court and the Court of Appeal have introduced some balance to the…
Read more