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Date of assessment of loss in negligence

Last week’s case of Gosden v. Halliwell Landau [2021] EWHC 159 (Comm) is a useful reminder that there is no universal rule for ascertaining the date for assessment of damage in negligence cases. The defendant solicitors were instructed to implement a scheme, known as an Estate Protection Scheme (EPS), which was intended to reduce liability


It never rains but it pours. No sooner had we got straight in our minds the slew of Brexit regulations enacted last year than a bunch of amendments to the Civil Procedure Rules landed on our desks. Happily they don’t come into force until 6th April, so there’s plenty of time to prepare; this week’s


At the end of a much-cited passage about witness’ memory Leggatt J. suggested that the best approach for a judge in a commercial case was, “to place little if any reliance at all on witnesses’ recollections of what was said in meetings and conversations, and to base factual findings on inferences drawn from the documentary


We were gratified to see so many friends at our 1CL webinar on Brexit, which combined Tom Yarrow’s intimate knowledge of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 with Sarah Prager’s sunny prognostications as to the future of cross border litigation (link to the recording here).  The mood was generally optimistic; a


Last week, the UK press reported the settlement of liability issues in a claim which had been listed to commence for trial (over 4 days) on Monday 25th January 2021: Fourgeaud v Africa Travel Resource Limited. Liability was resolved by agreement (on 90:10 terms in the Claimants’ favour) on the Saturday afternoon immediately preceding the


In this webinar, David Thomson and Ella Davis discuss fundamental dishonesty in clinical negligence claims. They consider: What fundamental dishonesty is Key and recent cases Proof of fundamental dishonesty including surveillance When to raise and pursue fundamental dishonesty View the slides here – Fundamental Dishonesty in Clinical Negligence Proceedings


In their webinar yesterday Sarah Prager and Thomas Yarrow discussed cross-border litigation after Brexit. They considered: applicable law; jurisdictional issues; recognition and enforcement of judgments; practical advice for litigators; likely future developments. If you missed it, you can view it here


This briefing considers two recent cases that will be of interest to injury practitioners.  The first, Head v Culver Heating Limited is an interesting decision in which the Court of Appeal considers the difference between loss of earnings generated by work and loss of income from investments in the context of a lost years claim.


There’s no denying it; this week the team has been frolicking in the snow. Between building snowmen, and standing outside with our tongues out trying to catch snowflakes, it’s been a busy week. We’ve found time to produce a special briefing on jurisdiction, though, and to turn our minds once more to cross border disputes


There have been a number of recent developments in relation to jurisdiction in cases to which Regulation (EU) No. 1215/2012 (‘recast Brussels’) applies; but as 31st December 2020 recedes into memory, and with it the mechanistic approach to jurisdiction adopted under recast Brussels, those cases which deal with English common law principles, as expressed in


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