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To what extent is a surveyor, who provides a mortgage valuation, obliged to check on the property’s precise acreage? This question was recently considered by Lord Glennie in Phimister v DM Hall LLP [2012] CSOH 169. The Claimant was a fisherman who, when not at sea, was a property developer. In 2007 he found a


  ‘Myth or fact?’ asks a report produced by APIL entitled ‘The Whiplash Report 2012’. The report is on APIL’s website and aims to debunk the myths being peddled in the debate surrounding claims for whiplash injuries. APIL has come to slay the dragon of ‘hyperbole’ and ‘hysteria’ surrounding the subject of whiplash. Our brave


Tax and damages

More on Capita Alternative Fund Services v Drivers Jonas [2012] EWCA Civ 1417 (see earlier posting), which concerned the valuation of a factory outlet shopping centre (“FOC”) at Chatham Dockyard. The Claimants were a variety of investment vehicles and the FOC was in an Enterprise Zone. Hence the individual investors obtained substantial tax credits. In


What happens when the judge rejects the figures provided by opposing experts? Is the claimant then unable to prove loss? The Court of Appeal recently grappled with this issue in Capita Alternative Fund Services v Drivers Jonas [2012] EWCA Civ 1417. This case concerned the valuation of a factory outlet shopping centre (“FOC”) at Chatham


If you objectively believe in its purpose it can provide a little prompt comfort during painful times.   The conjunction of festive films and Raymond Bieber v Teathers Ltd (In Liquidation) [2012] EWCA Civ 1466 brought that analogy to mind. Unfortunately the court found that the claimants did not objectively believe in the tooth fairy.


  The Times today carried an article entitled “NHS will cough up for music lessons and manicures.” It was referring to the three year trial of personal health budgets, whereby people in the NHS Continuing Care programme are able to determine themselves, how best to spend the money allocated to them.      Their budgets


  It may be tempting to ignore the implications of the Jackson reforms until April, however the increase in general damages needs to be factored into quantum assessments now. In short this is because: ·         With effect from 1 April 2013 the level of general damages will increase by 10 per cent (as stated in


    Do you doodle in meetings? Should you doodle in meetings?   There is both good news and bad.       The good news is that doodling may be good for you! A study by the University of Plymouth and published in Applied Cognitive Psychology suggests that doodling actually helps improve concentration and


Just this morning, the Supreme Court has given judgment in the historic child abuse case of Catholic Child Welfare Society v Various Claimants (1) The Institute of Christian Brothers (2) [2012] UKSC 56. A fuller report will appear on the PiBlawg, no doubt in due course.     Lord Phillips, giving the sole judgement of


Many of the posts on this blog are about cases at the cutting edge of jurisprudence. Quite rightly; it would be embarrassing to discover that a case you have relied on is no longer good law. Staying up-to-date is a necessary part of modern practice. A necessary evil, perhaps, when one considers the number and


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