Liability
Find out more about DWF's employers and public liability team
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…
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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…
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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…
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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…
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Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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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…
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Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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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…
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Department for Transport publishes Vnuk consultation on options for amending domestic insurance law
Until yesterday the most recent development in the Vnuk saga was the publication in June of the European Commission “Roadmap” which made suggestions for the possible adaptation of Motor Insurance…
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Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
Read more