Liability
Find out more about DWF's employers and public liability team
Ambushed! Late disclosure of surveillance evidence
In a defendant's application for permission to rely on surveillance evidence heard a month before trial, the court found that the claimant had not been ambushed and the defendant was allowed to rely…
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Claimant who trips up over her own evidence in injury claim forced to pay insurer's costs
A claimant who had suggested that she had tripped over a hosepipe on a forecourt, causing her injury, saw her claim for damages dismissed after a Judge concluded he did not find her story in any way…
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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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The duty to repair (still) does not equate to a duty to make safe
The Court of Appeal has reconsidered the application of s.4 of the Defective Premises Act 1972 (the “1972 Act”) in a case where a man later died after having fallen down a staircase without a…
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No right to repayment of costs paid at Stage 1 of Portal process
Insurers are unable to recover the costs that they had paid on cases that were submitted to the Portal, but did not go any further than Stage 1. Delivering the judgment of the Court of Appeal in J C &…
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Surveillance footage: Good days and bad days
In a case where the extent to which the claimant had recovered from injury was in issue, the court concluded that a disparity between his appearance on surveillance footage and his presentation to…
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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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Historic abuse claims: When is late too late?
Paul Donnelly and Samantha Chambers acted on behalf of the Defendant and its insurers in Wilde v Coventry City Council (2017) – a historic abuse claim where HHJ Maloney QC refused to exercise…
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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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Animals Act: defendant not liable for facial injuries caused by horse
Giles Kellner reports on the successful defence of an employers' liability claim brought by a groom who suffered facial injuries after being kicked by a horse. The case involved careful consideration…
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