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“To many people holidays are not voyages of discovery, but a ritual of reassurance” (Phillip andrew)   So it was with the Russell family, who took their 4 year old daughter  – the Claimant –  on her (and the family’s) first ever holiday together to a Hotel in Spain. At the time that the Holiday


What happens where a personal injury claimant is made bankrupt part way through the case, or where a bankrupt wishes to bring a claim for personal injury?   Under Section 306 of the Insolvency Act, the bankrupt’s estate vests in his trustee. This includes “property”, which includes things in action. This would cover a personal


    The Government announced today that it will be introducing legislation before Parliament as early as next month amending the Health and Safety at Work Act to abolish strict liability for breaches of Health and Safety regulations. If the legislation is passed, employers will only be liable where fault is proved. By way of


On 27 July Simon Readhead QC – always vigilant, always at his desk (even in the vacation) – posted on these pages news that the Court of Appeal had slipped a surprise judgment through at the start of the summer holiday season in which they announced a 10% increase in general damages awards across the


1.      Just over five years ago, there was an unfathomable change to the Part 36 rules on split trials which, it turns out, gives a huge incentive to defendants to make a monetary Part 36 offer before any split trial that is ordered.   2.      Prior to 6th April 2007, the matter was dealt with


If you were lucky enough to see Sir Chris Hoy take gold in the Velodrome or the ‘Mobot’ in action in the stadium, you might be wondering why the buzz hasn’t worn off…   According to LOCOG officials, cheering crowds caused noise levels in the stadia to regularly exceed 100 decibels, which is 512 times louder than


  Jackson LJ considered case management decisions in his report on costs in civil litigation. He said:-   “…courts at all levels have become too tolerant of delays and non-compliance with orders. In so doing they have lost sight of the damage which the culture of delay and non-compliance is inflicting on the civil justice


The recent case of Marcel Beasley (a protected party by, his litigation friend Cadell Beasley) v Paul Alexander ([2012] EWHC 2197 (QB)) serves as a reminder of what is required to establish contributory negligence: not just fault on the part of the claimant but also the causative potency of the fault. On the afternoon of


The unfortunate Ms Drysdale was injured on the first day of her tenancy when she was ascending the steps to the property she had rented. She fell on the middle of three steps which had been painted red by the landlady to improve their appearance. There was a low wall (9.5 cm) next to the


As the London Olympics draws to a close it is interesting to think about how our forefathers lived at the time of the first modern Olympic Games in 1896: what personal injuries they suffered and what claims they made.   Cars had just been invented, but few people could afford them, so there would have


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