2017 - Page 7 of 10 - 1 Chancery Lane

Year: 2017

Jul

Other Areas of Law

Costs Consequences of Late Acceptance of Part 36 Offers: recent guidance from the Court of Appeal

It is a common issue: an early Part 36 Offer is made in a case prior to the claimant party being in a position to fully value a case which transpires to be acceptable at a much later date. Should the ...

Jul

Four Seasons Holdings Incorporated v Brownlie.

John Ross QC and Matthew ...

Jun

The relevance of local living standards in the assessment of damages

What is the correct approach to the assessment of general damages in a case in which the Claimant resides abroad? Should the increased (or possibly lower) cost of living be taken into account and ...

Jun

Causation in Medical Consent Cases post-Montgomery: two 2017 cases

So far in 2017 there have been two cases which have clarified the need for claimant parties to establish causation on a conventional basis in cases where a breach of duty in respect of a ...

Jun

Clinical Negligence Briefing – Guidance from the High Court on Experts and Evidence

In the first half of this year the courts have provided the practitioner with some useful and practicable guidance in relation to evidence in clinical negligence cases. This ...

Jun

Travel Law Briefing – Bird strikes and extraordinary circumstances

The phenomenon of bird strikes is one that has plagued the airline industry for many years. Indeed, an American study on animal peril from 2011shows that 99,441 collisions ...

Jun

Professional Negligence Briefing – Balancing probabilities and loss of a chance

It’s trite law that claims for lost litigation opportunities are treated as claims for a lost chance. Similarly, the claimant has to prove his case on the balance of ...

May

Other Areas of Law

Costs consequences of refusing to engage with ADR proposals are not automatic

The Court of Appeal in a judgment published yesterday declined to hold that a successful party to a trial below should be penalised in costs for refusing to engage with mediation. ...

May

Now in force – floodgates opened? Implied term of reasonable expedition in paying out under insurance contracts

Section 28 of the Enterprise Act 2016 amends the Insurance Act 2015 so as to insert a section 13A. This introduces a new implied term into all insurance and reinsurance contracts entered into on or ...

Apr

Other Areas of Law

What is “unreasonable behaviour” for the purposes of Small Claims Track Costs?

If the most recently mooted Government reforms as to the financial limit of the Small Claims Track of the County Court go through, litigants will increasingly find themselves litigating within a ...

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