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On 31st July 2019 the High Court handed down judgment in Labbadia v Alitalia (2019) EWHC 2103 (QB). The Claimant had slipped on snow or ice as he descended a set of aircraft steps at Milan Linate airport in Italy. He alleged that his injuries were caused by an ‘accident’ within the meaning of Article
If, like me, you spent 7 hours on a train without air conditioning on the hottest day of the year (see, “Travel Chaos” across all media), you will have had ample time to skim the decision (if properly so-called) of the Supreme Court in X v Kuoni  UKSC 37 (published 24 July 2019). If
The notes at [44.3.3] of the 2019 Consolidated Edition of Civil Procedure (the White Book) (p.1390) read: “As yet no guidance has been provided by the Court of Appeal as to how the test of proportionality introduced on 1 April 2013 by r.44.3(2) and (5) should be applied …” That is no longer the case.
Last week HHJ Simpkiss sitting as a judge of the High Court gave judgment in the wasted costs proceedings in the case of McClelland v The Chief Constable of Sussex Police. Finding in favour of the applicant Chief Constable the Court determined that the Claimant’s legal representatives, Sophie Khan & Co Solicitors had acted unreasonably
In Seekings v Moores  EWHC 1476 (Comm) (May 2019), the Defendant sought to revise his costs budgets upwards by a total of over £130,000 on the basis that there had been significant developments in the litigation. HHJ Worster, sitting as a judge of the High Court, was asked to determine (1) whether the court
THE ILLEGALITY DEFENCE: BACK TO THE SUPREME COURT AGAIN Illegality and the doctrine of “ex turpi causa non oritur acta” rival the issue of vicarious liability for the number of appellate level decisions they have generated in recent years. In Patel v Mirza  UKSC 42 the Supreme Court sat as a court of 9
Andrew Warnock QC has written the chapter reviewing the Supreme Court’s decisions in the fields of personal injury, professional responsibility and tort during the 2017-2018 legal year in the UK Supreme Court Yearbook volume 9. The UK Supreme Court Yearbook Volume 9 (2019) is available now, published by Appellate Press.
Consider the following, not unusual, scenario. In a case subject to QOCS, a defendant makes an early offer to settle. The claimant does not accept the offer and runs the case to trial. The claim succeeds and the judge awards the claimant something, but less than the defendant’s offer. The court makes the usual costs
In the case of XX (Respondent) v Whittington Hospital NHS Trust (Appellant) permission to appeal to the Supreme Court has been granted. The Appeal has been listed for 16th and 17th December 2019, with a time estimate of 1.5 days. Whittington Hospital NHS Trust is represented by Lord Faulks QC of 1 Chancery Lane and