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Is it just me or should we all be concerned about the way in which the legislation to implement Lord Justice Jackson’s recommendations is being introduced?       Why have there been so few announcements about what are, after all, radical and far reaching public policy changes? If we as legal professionals are unsure about


In re L and Anor (Children) (Preliminary Finding: Power to Reverse) [2013] UKSC 8 the Supreme Court considered the circumstances where a judge was entitled to depart from such a preliminary judgment or ruling. Whilst the underlying facts of this case being appealed related family proceedings, however Supreme Court’s ruling is very likely to be


In Summer 2009, Godstone Farm, a petting farm, became the source of a serious outbreak of E Coli 0157. Many children who visited the farm became ill, a number seriously, and some continue to suffer from long-term health problems. The children sued the farm in negligence, for breach of the Occupiers’ Liability Act 1957, and


What do you have to do to ensure that Parts 43 to 48 of the existing rules continue to apply to CFAs entered into before 1st April 2013? Do advocacy or litigation services have to be provided before 1st April 2013 or not?   For the existing rules to continue to apply to CFAs entered


I have a rather boring relationship with my accountant,  I tell him how much money has come in and he tells me how much I have to give to the nice men at the Revenue; not for me the complex off-shore trust or some other interesting tax minimisation vehicle.  As such I’ve never received (or


The conclusion of a recent Study undertaken by Robert Hunter, heads of trusts litigation at Herbert Smith and Dr Claire Royston, a consultant psychiatrist and medical director of Four Seasons Health Care, should serve as a stark warning for practitioners in this area. Its conclusion has been that it has found solicitors lacking when making


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


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


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