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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, before

  This is the latest round in the Court of Appeal in the battle over car hire (Singh v Yaqubi [2013] EWCA Civ 23). The rear door of Mr Singh’s Roller was dented in a road traffic accident. The car took 54 days to repair and the hire bill claimed from the defendant was £92,953.90.

The Ministry of Justice has published two draft statutory instruments that will come into force on April 1, 2013, which deal with: damages-based agreements (DBAs); and the 25 per cent cap on the success fee lawyers can take from personal injury clients’ damages, excluding those for future care and loss. For the CFA Regulations click

Monday passed (21 January) is officially recognised as the most depressing day in the year. And so, it was something of a distraction to the surrounding doom and gloom to read Swift J most recent judgment in the personal injury case of Ayres v Odedra [2012] EWHC 40 (QB). Those of you who read this

  What should the court’s role be in protecting the public from negligent lawyers? Twitter has got hold of a decision concerning negligent submissons made by a barrister and a solicitor advocate in two immigration cases. The President of the Queen’s Bench Division did not hold back: “arguments that were nonsensical were put forward to the

To sustain a pleading of fraud there must be “reasonably credible material which as it stands establishes a prima facie case of fraud” (see Bar Code of Conduct at Paragraph 704(c)), but what happens if a Defendant’s concerns fall short of the requisite standard? The answer, according to Lord Justice Davis, is not to, as

Local Authorities in England and Wales can often be heard to exclaim their frustration at the number of claims brought each year in respect of tripping accidents on the highway. Such claims have contributed, in part at least, to the perception of a litigation culture which is spiraling out of control.   But take a

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