Liability
Find out more about DWF's employers and public liability team
Should there be sequential or simultaneous disclosure in credit hire claims?
Increasingly claimant firms in credit hire claims are seeking to vary standard small claims directions so as to provide for sequential exchange with, disclosure of the Defendant’s basic hire rate…
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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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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…
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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.
Read more