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).
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,...
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  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.
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...
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  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...
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  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...
Legal Marketing Awards 2007: Chambers' Business Manager shortlisted
Chambers'; Business Manager, Genevieve Hardy, has been shortlisted for the PSMG Newcomer Award in the Legal Marketing Awards 2007. The winners will be announced on 24 May 2007.
Liability to repay benefits discharged at end of bankruptcy: R (Balding) v Secretary of State for Work and Pensions
On April 3rd 2007, a Divisional Court (Laws LJ and Davis J) ruled that it was unlawful for the Secretary of State for Work and Pensions to continue recovering overpayments of benefit from ongoing entitlement to benefit, after a claimant had been made bankrupt and then subsequently discharged from bankruptcy. This ruling will benefit a significant number of...