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Young v Catholic Care & Anor: leave to appeal to the House of Lords granted.

On 14 June 2007 the claimant in the above case was granted leave to appeal the Court of Appeal's judgment dated14 November 2006.  The appeal concerns the test under s14(2) of the Limitation Act 1980 to determine when a person would reasonably have considered an injury to be sufficiently serious to justify his instituting proceedings for damages.  Edward...

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No breach of educational psychologist's duty: Kendall v Southwark BC

Judgment in the case of Kendall v Southwark BC was handed down in the High Court on 1 June 2007.  The case was a negligent education claim against an educational psychologist.  It considered the nature and extent of the duty owed in respect of the educational psychologist's function in providing the documents forming part of the schedule...

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New 2007 Issues of Atkin's Court Forms: Personal Injury, Professional and Clinical Negligence

The new 2007 issues of Atkin's Court Forms 2nd Ed Vols 29(2) (Personal Injury) and 29(3) (Professional and Clinical Negligence) will be released shortly.  Alastair Hammerton contributed to both volumes and Laura Johnson contributed to volume 29(2).

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Documents not covered by 'without prejudice' privilege: Stax Claimants v Bank of Nova Scotia Channel Islands Ltd & Ors

In an interlocutory judgment handed down on 15 May 2007, Mr Justice Warren held that the claimants were not able to claim 'without prejudice' privilege over documents arising out of a meeting between the claimants' lawyers and lawyers representing the Part 20 defendants as the meeting had not concerned settlement of the dispute.  However,...

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Social workers and others owe no common law duty of care to parents: Lawrence v Pembrokeshire County Council

Judgment in the case of Lawrence v Pembrokeshire County Council [2007] EWCA Civ 446 was handed down by the Court of Appeal on 15th May 2007.  The Court, dismissing the appeal, held that social workers and others owe no common law duty of care to parents when carrying out their child protection functions, notwithstanding the Human Rights Act 1998.

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Willson v MOD: retrial of personal injury claim ordered

Judgment in the case of Willson v MOD was handed down by the Court of Appeal on 9 May 2007.  The case involved a claim against the MOD by an RAF helicopter pilot injured in a helicopter simulator.  The Court of Appeal overturned the first instance decision to award the claimant only £1,000 in damages and a retrial was ordered.  David...

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Van Colle v Chief Constable of Hertfordshire: Judgment handed down by Court of Appeal

Judgment in the case of Van Colle v Chief Constable of Hertfordshire [2007] EWCA Civ 325 was handed down on 24 April 2007.  The Court of Appeal held that the police had been under a duty to take preventative measures to protect Giles Van Colle and had breached that duty.  They had therefore acted incompatibly with the European Convention on Human...

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McGlinn v HTA and others: claimant who beat Part 36 payment awarded only 45% of his costs

On 28 March 2007, the claimant in McGlinn v HTA and others [2007] EWHC 698 (TCC) (a professional negligence action) was awarded only 45% of his costs despite having beaten a Part 36 payment. He was also ordered to pay 25% of the defendant's costs. In a judgment which illustrates the breadth of the court's discretion on costs under the CPR, the Judge ruled that...

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