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Pursuant to CPR 3.12 and 3.13, unless the Court orders otherwise all parties (unless they are litigants in person) in a multi-track case commenced after 1st April 2013 must file and exchange costs budgets. The date for doing so will either be prescribed by the Notice of Proposed Allocation served by the Court pursuant to CPR

One Saturday morning in March 2003 Mrs Padden told her husband that she was going into Exeter to do some shopping. To her surprise, he told her that she would be unable to use her credit card because the account had been frozen. He explained that this was due to a dispute with his employer

In the leading case of  Owens v Brimmell [1977] QB 859, a passenger who was injured in a car accident had his damages reduced by 20% because he had accepted a ride with a driver whom must have known had too much to drink. In a much quoted dictum, Russell J held:             “A passenger

On 23rd April 2013 the Enterprise and Regulatory Reform Act received royal assent. One of the most controversial changes that it will introduce is an amendment to the Health and Safey at Work Act 1974, the effect of which will be to abolish civil liability for breach of the various ‘six pack’ regulations which govern

Playing with fire

Do the Fire Services as employers owe duties under health and safety regulations or at common law, or does a  ‘fireground immunity’ exist? These questions were dealt with by Irwin J in the tragic case of the Wembridge Claimants and others v East Sussex Fire and Rescue Service and others [2013] EWHC 2331. Two fire-fighters

The Omni Ombudsman

9 July 2015 may seem a long way off but the Legal Ombudsman is already getting excited. That is the date by which Member States must implement an EU directive to make ADR available for all disputes brought by consumers against suppliers of most types of contract for goods or services, including professional services. The Legal

As noted in previous blog entries, post April judges have been encouraged to take a much firmer line with applications for relief from sanctions – see for example Venulum Property Investments Ltd v Space Architecture Ltd [2013[ EWHC 1242 (TCC); Thevarajah and others v Riordan and others (9/08/13). However, Rayyan Al Iraq Co Ltd v

The DWP website has the following to say about CRU liability in professional negligence claims:- 3.1 Professional negligence (See Part 1 Section 4.8) If a claim is made in respect of professional negligence and the particulars of claim, statement of claim or letter before action does not include a claim for compensation as a result

Advising on the meaning and effects of settlement is a task faced by most litigators on a daily basis, often in time-pressurised conditions. And yet the effects of getting it wrong can be serious, for client and practitioner alike. The recent Court of Appeal decision in Frost v Wake Smith and Tofields Solicitors [2013] EWCA Civ

 At the trial last month of a solicitors’ negligence claim the High Court has held that there was no duty on a solicitors’ firm, acting for a client in civil litigation, to ensure that the opponent had effective professional indemnity insurance cover in place.   The claimants sued the solicitors’ firm (BG) which had previously

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