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For years tenants have relied upon Brown v Liverpool Corporation [1969] 3 All ER 1345 when suing landlords for damages for personal injury caused by an accident on external steps or a front path leading to the front door of a house. In that case the Court of Appeal held that the steps were part


The July edition of Civil Procedure News reports a case in which a claimant’s bundles were inadequate, two applications were adjourned and the claimant was ordered to pay the costs of producing properly prepared bundles and the costs thrown away as a result of the adjournment. The claimant had brought three applications for summary judgment on three separate claims.


Fighting fraud

Judgment in the case of Da Costa v Sargaco [2016] EWCA Civ 764 was handed down last week and represents the latest round of the struggle between claimants bringing claims for injury or damage arising out of road traffic accidents and defendant insurers alleging that claims are fraudulent. The case deals with the cogency of


Compromise

  Robert Louis Stevenson said that “Compromise is the best and cheapest lawyer”.  Nevertheless, we are often used in order to effect a compromise.  Sometimes, the attempt to settle per se becomes the source of litigation and so it was in last month’s case of DB UK Bank v Jacobs Solicitors (2016) EWHC 1614.  


Assessing the cost of ATE Premiums

  If anyone needs a reminded why the costs landscape for personal injury litigators has changed so dramatically they may not need look much further than the judgment of the Designated Civil Judge of the County Court at London, HHJ Walden-Smith, sitting with DJ Letham as assessor in the costs case of Banks v London


The EU Divided – But not as we know it

  The events of past weeks have brought into sharp focus the seemingly different attitudes held by a majority of the UK population compared to other EU member states. The result, whilst at present uncertain, may well be a full uncoupling of the UK legal system from European law. It is interesting to note, therefore,


In February 2013 nine-year-old Ella Kissi-Debrah from Hither Green in South London died after suffering a severe asthma attack. “Can the courts be used to establish that we have a human right to clean air?” asked Nick Robinson on the Today Programme this morning. A report by Royal College of Physicians has apparently linked 40,000


TRIAL ADVOCACY FEE IS RECOVERABLE, EVEN IF THE MATTER SETTLES AT THE “DOOR OF THE COURT” – NEW DECISION FROM THE APPEAL COURT. The appeal court has found that, even where a matter settles “at the door of the court” and so no effective trial has taken place, the fixed trial advocacy fee is recoverable


Trial by ambush?

  In Hayden v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB) Foskett J, albeit with “considerable misgiving”, allowed a Defendant to rely on surveillance footage that had been disclosed so late that it caused the trial date to be vacated. The decision is not so much of interest because of its outcome


Qualified One-way Costs Shifting: does it apply to appeals?   Yes, according to Edis J in Parker v Butler [2016] EWHC 1251 (QB), who held:   3.         If (as is likely to be the case here) the claimant’s access to justice is dependent on the benefit of QOCS, that access will be significantly reduced if


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