Category: Articles
25
Oct
19
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 ...

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27
Sep
19
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 ...

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25
Sep
19
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 ...

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18
Sep
19
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.

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17
Sep
19
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 ...

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27
Aug
19
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 ...

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01
Aug
19
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 ...

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24
Jul
19
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 ...

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16
Jul
19
“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 ...

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11
Jul
19
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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