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Interim payment applications: the evidential burden

Holly Tibbitts looks at the recent case of Sellar-Elliott v Howling [2016] EWHC 443 (QB), which considered the evidence to be considered and the burdens on the parties on an application for an interim payment, particularly in a clinical negligence context where…

The Weekly Roundup: The Pantheon Edition

You can imagine our excitement as we gathered round the 1CL telly this week, agog to view the new Marvel/Disney offering, Moon Knight, a rip-roaring yarn featuring the extremely poor behaviour of some of the Ancient Egyptian pantheon. And speaking of pantheons,…

Indemnification Aliunde – The Travel Insurance conundrum

This article has been written by Jack Harding of 1 Chancery Lane and Lee Hills, Partner in the Litigation and Travel team at Mayo Wynne Baxter. In response to the Covid-19 Pandemic, the Association of British Insurers (the ABI) has pledged that…

The Dekagram: 2nd October 2023

This week’s Dekagram is all about jurisdiction and in particular the application of the post-Brexit rules on service outside the jurisdiction. As anticipated, Brexit has led to an avalanche of contested applications around jurisdiction, some of them relating to proceedings issued prior…

Hunting the Chimaera – vicarious liability after Various Claimants v Morrisons

  In Mohamud v Morrisons Supermarkets (2016) AC 677, Lord Dyson MR observed that: “To search for certainty and precision in vicarious liability is to undertake a quest for a chimaera”   Whilst absolute certainty and precision may remain…

Abuse: Case Law Update

Cases: Barclays Bank v Various Claimants [2020] UKSC 13; VW Morrisons v Various Claimants [2020] UKSC 12 BXB v Watch Tower and Bible Tract Society of Pennsylvania (2) Trustees of the Barry Congregation of Jehovah’s Witnesses [2020] EWHC 656 (Admin) DSN v…

Can you be found contributorily negligent for attempting your own suicide?

Suicide is a topic that many of us find difficult to discuss. Attempts on one’s own life, particularly if unsuccessful, are not commonly spoken about, let alone raised in personal injury proceedings. However, can a defendant raise that a claimant should be contributorily negligent for…

Accidents do happen

Adding insult to injury: Sarah Prager & Chris Deacon outline why the government’s recent Vnuk policy decision is worrying news for serious injury victims. On 21 February 2021, the government announced its plans to ‘bin the EU’s Vnuk motor insurance law’, which,…

Montague v The Governing Body of Heavers Farm Primary School

An unusual, complicated and interesting case which confronts the delicate conflict between religious belief and inclusive secular education. Earlier this year HHJ Lethem handed down judgment in Montague, a case that generated a good deal of press coverage.  In this article Richard…

The Weekly Roundup: Sun, Sea and Strike Out

After a few days of weather for which the only proper adjective is ‘scorchio’, those returning from their beach holidays abroad and now stuck in quarantine (see, for one, the Transport Secretary), may well have found the back garden as bountiful as…

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