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In cases concerning an allegation of bodily injury, time for the purposes of statutory limitation does not begin to run until the cause of action accrues or the date of knowledge of the alleged victim. The latter may be some months or years after the effluxion of the usual three year limitation period from the

The Court of Appeal handed down judgment on 16th January 2017 in in Wood v TUI Travel PLC (2017) EWCA Civ 11, the first appellate authority on the liability of travel companies for gastric illness caused by alleged food poisoning.   The issue in the case was whether, in a claim based upon gastric illness

Background In the recent case of Brightside Group Ltd v RSM UK Audit LLP [2017] EWHC 6 (Comm), the High Court considered the implications of serving a claim form outside of the period prescribed by a notice served pursuant to CPR 7.7. (As a reminder, CPR 7.7 entitles a defendant to serve a notice on

PRESS RELEASE – 12th January 2017 1 Chancery Lane – Chambers of John Ross QC –  is delighted to announce Matthew Chapman’s appointment as a new Queen’s Counsel in February 2017. Matthew Chapman QC is a former Chairman of the Travel and Tourism Lawyers’ Association.  He is ranked in Chambers & Partners as a Star Individual. Matthew said:

The news has been bleak and unrelenting: the scandal of historic child sexual abuse continues to fill the headlines. It seems as if no sector of society has been unaffected by this blight, but the news emanating from some (major) football clubs may be particularly difficult for the courts to deal with. By mid December,

Japanese knotweed (Fallopia japonica) was introduced into the UK from Japan in the 19th century as an ornamental plant, but has proved to be anything but an ornament in its non-natural environment. A rhizomatous perennial (i.e. one that produces underground stems), it is extremely invasive, vigorous and tenacious. January 2017 – Property Damage Briefing –

The name of the rule comes from the case of R v The Commissioners of Sewers for the Levels of Pagham (1828) 8 B & C 355. Januray 2017 – Property Damage Briefing – Article 2 – The common enemy rule

In O’Hare v Coutts & Co [2016] EWHC 2224 (QB) (a non-medical claim) the High Court declined to apply the traditional “Bolam test” (see Bolam v Friern Barnet Hospital Management Committee [1957] 1 WLR 582). Instead the standard of care to be applied regarding the required extent of communication between financial adviser and client to ensure the

The Lord Chancellor has announced that the discount rate is to be reviewed and the result to be announced on 31st January 2017. The press release is instructive and is set out in full below: The Lord Chancellor is today undertaking to review the discount rate for personal injury damages awards, and to announce the

In a remarkable decision with far reaching implications, the Court of Appeal held that the Metropolitan Police Commissioner had arguably owed and breached a duty of care to police officers when he settled a claim a brought against him, vicariously, for an assault allegedly perpetrated by those officers (see James-Bowen v Commissioner of Police for

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