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What happens when the judge rejects the figures provided by opposing experts? Is the claimant then unable to prove loss? The Court of Appeal recently grappled with this issue in Capita Alternative Fund Services v Drivers Jonas [2012] EWCA Civ 1417. This case concerned the valuation of a factory outlet shopping centre (“FOC”) at Chatham


If you objectively believe in its purpose it can provide a little prompt comfort during painful times.     The conjunction of festive films and Raymond Bieber v Teathers Ltd (In Liquidation) [2012] EWCA Civ 1466 brought that analogy to mind. Unfortunately the court found that the claimants did not objectively believe in the tooth


  The Times today carried an article entitled “NHS will cough up for music lessons and manicures.” It was referring to the three year trial of personal health budgets, whereby people in the NHS Continuing Care programme are able to determine themselves, how best to spend the money allocated to them.    Their budgets are


  It may be tempting to ignore the implications of the Jackson reforms until April, however the increase in general damages needs to be factored into quantum assessments now. In short this is because: ·         With effect from 1 April 2013 the level of general damages will increase by 10 per cent (as stated in


Do you doodle in meetings? Should you doodle in meetings? There is both good news and bad.   The good news is that doodling may be good for you! A study by the University of Plymouth and published in Applied Cognitive Psychology suggests that doodling actually helps improve concentration and memory. Two groups of people


Just this morning, the Supreme Court has given judgment in the historic child abuse case of Catholic Child Welfare Society v Various Claimants (1) The Institute of Christian Brothers (2) [2012] UKSC 56. A fuller report will appear on the PiBlawg, no doubt in due course.     Lord Phillips, giving the sole judgement of


  Many of the posts on this blog are about cases at the cutting edge of jurisprudence. Quite rightly; it would be embarrassing to discover that a case you have relied on is no longer good law. Staying up-to-date is a necessary part of modern practice. A necessary evil, perhaps, when one considers the number


The ECJ dealt a hammer blow to European airlines this morning in the long-awaited joined cases of TUI and Nelson (Cases C-581/10 and C-629/10). The full text will be available shortly but judging by the press summary, the Court has adopted almost verbatim the Opinion of Advocate General Bot.  This case confirms the decision in Sturgeon


One of the more widely promulgated arguments against the legal aid cuts and reform of civil justice funding is that any savings will be eclipsed by the additional costs to the courts and to other parties caused by an expected rise in Litigants in Person (“LIPs”).   Already, most litigators have faced the tribulations involved


European airlines are bracing themselves this morning for the ECJ’s judgment in the joined cases of TUI and Nelson (Cases C-581/10 and C-629/10) – expected at 9.30am. This will confirm whether or not airlines are liable to compensate passengers of delayed flights in the same way as if the flight had been cancelled.   Recap


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