Articles Archives - Page 20 of 27

Category: Articles

Oct

QOCS mix-up: “mixed” claims in the Court of Appeal

Introduction Where a claimant brings a “mixed” claim (i.e. they claim damages for personal injury and in the same proceedings also claim non-personal injury damages or other ...

Sep

Costs Budgeting Update: CCMC costs ARE incurred

Although District Judges have been taking the view that the costs of the CCMC at which costs budgeting is taking place are incurred for the purpose of budgeting for future costs, this has now ...

Sep

The demise of Thomas Cook: where do travel claims stand?

We all woke up to the news that Thomas Cook had collapsed, entering into compulsory liquidation. Not only was this troubling news for holidaymakers due to go on holiday, and indeed those stranded ...

Sep

Judgment – Penelope Smith v The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust

HHJ Berkley gave judgment for the Defendant this week in Winchester County Court in the claim of Penelope Smith v The Royal Bournemouth & Christchurch Hospitals NHS Foundation Trust.

Sep

Avoiding being negligent – How to understand and litigate pension loss claims

Paul Stagg, author of the Pension Loss chapter in Kemp & Kemp, will be speaking today at the PIBA Seminar on Avoiding ...

Aug

Direct actions against insurers in subrogated claims – the limits of the Recast Brussels Regulation

Jack Harding, barrister at 1 Chancery Lane, and Paul McClorry, Head of Travel Law at Hudgells solicitors, consider whether the special rules governing matters relating to insurance in section 3 of the ...

Aug

High Court judgment on the meaning of ‘Accident’ under the Montreal Convention

On 31st July 2019 the High Court handed down judgment in Labbadia v Alitalia (2019) EWHC 2103 (QB). The Claimant had slipped on snow or ice as he descended a set of aircraft steps at ...

Jul

Proportionate Costs – important new guidance from the Court of Appeal

The notes at [44.3.3] of the 2019 Consolidated Edition of Civil Procedure (the White Book) (p.1390) read: “As yet no guidance has been provided by the Court of Appeal as to how the test of ...

Jul

Articles

“Please, sir, I want some more” –The court’s power to revise costs budgets upwards

In Seekings v Moores [2019] EWHC 1476 (Comm) (May 2019), the Defendant sought to revise his costs budgets upwards by a total of over £130,000 on the basis that there had been significant ...

Jul

Professional Negligence Briefing – July 2019

THE ILLEGALITY DEFENCE: BACK TO THE SUPREME COURT AGAIN Illegality and the doctrine of “ex turpi causa non oritur acta” rival the issue of vicarious liability for the number of appellate level ...

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