2016 - 1 Chancery Lane

Year: 2016

Dec

The need for “proper dialogue and communication between adviser and client” in the context of investment advice

In O'Hare v Coutts & Co [2016] EWHC 2224 (QB) (a non-medical claim) the High Court declined to apply the traditional “Bolam test” (see Bolam v Friern Barnet ...

Dec

Review announced of discount rate for PI damages

The Lord Chancellor has announced that the discount rate is to be reviewed and the result to be announced on 31st January 2017. The press release is instructive and is set out in ...

Dec

Other Areas of Law

Court of Appeal holds that defendants may owe a duty to safeguard their employees’ reputations when conducting litigation

In a remarkable decision with far reaching implications, the Court of Appeal held that the Metropolitan Police Commissioner had arguably owed and breached a duty of care to police officers when he ...

Nov

Adjudication Again

Having recently done a case about an adjudicator’s jurisdiction, I noticed that in UNIVERSAL PILING & CONSTRUCTION LTD v VG CLEMENTS LTD a declaration was sought such whereby an adjudicator ...

Nov

Other Areas of Law

The Portal, Fixed Costs and Claims on the Multi-Track

Since the coming into force of the fixed costs regimes for road traffic accident, employer’s liability, and public liability, it has been unclear whether fixed costs apply to a claim properly ...

Nov

Other Areas of Law

Occupiers Liability and highways claims converge

In Edwards v London Borough of Sutton (2016) EWCA Civ 1005 McCombe LJ expressed the view that “not every accident (even if it has serious consequences) has to have been the fault ...

Nov

Other Areas of Law

Can a court require a claimant to add a party as defendant, against the claimant’s wishes?

This question was considered by Coulson J in Milton Keynes v Viridor [2016] EWHC 2764 (TCC). The Defendant sought a court order requiring a new party to be added as a second ...

Oct

“Physically prevented” from accessing the court office: a cautionary tale to claimants intending to issue on the day of expiry.

The case of Kaur v S Russell & Sons Ltd [1973] Q.B. 36 enshrined the principle that if the time limit for making a claim expires on a non-working day, a claimant can nevertheless bring ...

Oct

Can a Defendant NHS Trust withdraw from admissions formalised in a consent order? Yes, according to Kelly Marie Simmons v City Hospitals Sunderland NHS Foundation Trust.

The recent High Court decision of Kelly Marie Simmons v City Hospitals Sunderland NHS Foundation Trust (2016) is worthy of note for those practising in the clinical negligence and/or ...

Oct

Other Areas of Law

Late amendments, strike outs, summary judgment & remote heads of loss

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