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The Civil Procedure Rule Committee has published CPR amendments due to come into force on 1st April 2013. Some of the key provisions for PI practitioners are as follows:- Amendment to the Overriding Objective The overriding objective will become not just “to deal with cases justly” but also “at proportionate cost”; and the definition of


See my earlier post, 13.12.12, on Nationwide v Davisons [2012] EWCA Civ 1626. The Court of Appeal judgment  in AIB Group (UK) Plc v Mark Redler & Co [2013] EWCA Civ 45 was handed down on 8 February 2013. The court has again taken the opportunity to place a brake on breach of trust arguments


    Bloy & Ireson v MIB [2013] LTL (QB, Manchester DR). This case arose out of a road traffic accident in Lithuania in which the Claimants (the First Claimant, a child, in particular) suffered very serious injuries. The Claimants were UK nationals domiciled in England. The tortfeasor, a Lithuanian national domiciled in Lithuania, was


    It’s one of the oldest chestnuts in private international law and has been brought into sharper focus by the Rome II Regulation on applicable law in tort. Assume that the English Claimant is catastrophically injured in a road traffic accident in France. The Claimant sues the tortfeasor’s French insurer in the English Courts


Non-compliance by claimants with their disclosure obligations under the Professional Negligence Pre-Action Protocol can prove an expensive mistake.  Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch) shows why.   The Claimant, a purchaser of mortgage loans from institutional lenders – c.f. the preceding post – wished to sue the Defendant solicitors


  The defendant insurers in the case of Rasoul v Linkevicius (5th October 2012, Unreported), successfully obtained a wasted costs order against claimant solicitors in an RTA claim. The case is a warning to claimant solicitors in RTA claims where there is an allegation of fraud and parties/witnesses who do not speak English. For defendants


Surveyors surveyed

Judgments which contain a review of the authorities are always useful to the busy practitioner.  One such is that of Coulson J. in Webb Resolutions Ltd v. E. Surv Ltd [2012] EWHC 3653 (TCC), where he discusses the law relating to surveyors’ negligence in making mortgage valuations.    The judgment also contains one or two discrete


My sangfroid is always tested whenever an opponent smugly submits: “Well, X can always sue his solicitor”.   Really.  What use is that?  Jobs for the boys (and girls).  How is justice served by promoting satellite litigation?   In Sowerby v Charlton [2006] 1 WLR 568, the Court of Appeal approved a dictum of  Sumner


  Matharoo v Medayway NHS Foundation Trust (2013) Judge Swift’s pragmatic case management decision in the case of Matharoo v Medayway NHS Foundation Trust (2013) was reported on Lawtel yesterday. The decision is an illustration of the overriding objective being applied so as to progress the claim whilst, so far as possible, achieving an equal


  In McDonagh v Ryanair (C-12/11) the European Court of Justice concluded that Ryanair were not entitled to treat the Icelandic Ash Cloud as a situation of ‘super-extraordinary circumstances’, thereby entitling them not to provide any care and assistance at all to their passengers under Article 9 of EC Regulation 261/2004.       However,


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