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Beware of Rehman v Estate of JG Brady [2012] EWHC 78.  Claimants and Defendants should note that it contains a serious error of principle.                                     Facts:  A seven year old girl “hurried” 3.41 metres across a road before being struck by a car that was travelling at 28-32mph when the judge found it should have


The common duty of care under the Occupiers’ Liability Act owed only to visitors. But a claimant’s status as “visitor” to the premises generally is necessary but not sufficient for there to be a duty in a particular case. So it’s always worth examining a bit further to see whether the common duty of care


Practice at the Bar provides an interesting perspective of the country’s economic ups and downs.  I think many of us would cite anecdotal evidence that as soon as the economy begins to contract, claims where fraud is an issue begin to spike.  Whether this is due to defendants becoming more aware of the pennies and


By a judgment handed down at Central London County Court on 10 February 2012 (Jones / Lucas v British Airways Limited (1) Heathrow Airport Limited (2)) Heathrow Airport Limited, represented by Laura Johnson, successfully defended claims by employees of British Airways that the paint used for ground markings on the airside aprons was unsuitable from a


  Gallagher v Wright (Manchester CC, Recorder Gregory, 25 November 2011 and 2 February 2012)   The Claimant (G) was a rear seat passenger   in a car travelling to Alicante airport, Spain when the Defendant driver (W) entered a slip road on the wrong side of the road and collided head on with a


    The Freedom of Information Act (FOIA) 2000 is an important piece of legislation. Correctly used, it can bring into the public domain information that would otherwise be unknown to the general public. Yesterday (31 January) it led, indirectly, to the revelation that the James Bond villain that Michael Gove, the Education Secretary, would


What’s the scope of the “criminal conduct” exception in the Uninsured Drivers Agreement and how does it relate to the principle formally known as ex turpi causa? This was the issue before the Court of Appeal in Delaney v (1) Pickett (2) Tradewise Insurance Services Ltd [2011] EWCA Civ 1532. C was a passenger in D’s vehicle


According to research carried out by Kings College London the proposed reforms contained in The Legal Aid, Sentencing and Punishment of Offenders Bill will, rather than saving money, end up costing us all £18 million a year in additional costs (h/t Frances McClenaghan of this parish).   It is clear that the intention of the


The Legal Aid, Sentencing and Punishment of Offenders Bill returned today to the House of Lords for its second day in committee. On the previous occasion, peers, including our very own Lord Faulks, made clear their view that the Bill is unacceptable in its current form. One hopes that today their lordships considered those sections


“Safe sex?”

The New Year will hopefully bring with it important news from Australia for employees everywhere – particularly those having sex in hotels!   It has long been the law that an employee who is negligently injured in the course of employment is generally entitled to look to his or her employer for compensation.   However,


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