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News & Events: July 2012

Damages in tort for non-economic loss to increase by 10% from 1 April 2013

News | 26th Jul 2012

The Court of Appeal this morning handed down judgment in Simmons v Castle [2012] EWCA Civ 1039, in which Andrew Davis appeared for the Defendant. The Court of Appeal took the opportunity to announce an increase in general damages for (i) pain, suffering and loss of amenity in respect of personal injury, (ii) nuisance, (iii) […]

New Head of Chambers – Richard Lynagh QC

News | 18th Jul 2012

We congratulate Richard Lynagh QC on his election as Head of Chambers and thank Andrew Bartlett QC for his leadership over the past three years.

AB (a child) v Nottingham University Hospital NHS Trust

News | 18th Jul 2012

Margaret Bickford-Smith QC and Jack Ferro acted for a child Claimant, aged 16 at the date of approval, in a claim for damages for clinical negligence during the management of her birth in the Defendant’s hospital. The Claimant suffered an acute hypoxic insult during labour giving rise to hypoxic ischaemic encephalopathy and dystonic athetoid cerebral […]

Court of Appeal clarifies foreseeability test in tree root cases

News | 13th Jul 2012

Damage is reasonably foreseeable if there is a real risk of its occurring. But what if precautions would be unduly burdensome or would destroy the social utility of an amenity? In Berent v Family Mosaic Housing and London Borough of Islington [2012] EWCA Civ 961, Andrew Bartlett QC and Muhammed Haque for Islington and Rebecca Taylor […]

Part 36 offers and preliminary issues: Ted Baker v AXA [2012] EWHC 1779 (Comm)

News | 6th Jul 2012

On Friday 29 June 2012, Eder J handed down his judgment on costs in this case in which Ted Baker had been successful on certain preliminary issues on the scope of coverage of an insurance policy. The most important issue was how the Court was to approach the question of costs in view of the […]

Andrew Bartlett QC and Robert Stokell successfully resist Eden Park appeal

News | 5th Jul 2012

On 5 July 2012 the Court of Appeal dismissed the appeal in Harrison v Shepherd Homes Ltd [2012] EWCA Civ 904. 94 houses on the Eden Park estate in Hartlepool were built on defectively designed piled foundations. In July 2011 Ramsey J gave judgment in favour of the homeowners in 10 lead cases: [2011] EWHC […]

TCC rules on experts, privilege and undisclosed reports

News | 5th Jul 2012

David Platt QC appeared for insurers in Odedra v Ball [2012] EWHC 1790 (TCC), where the Defendants sought disclosure of an additional expert report which had been prepared by a valuer on separate instructions in a pollution claim but not disclosed. Judgment was handed down by Coulson J in the TCC on 4 July 2012. […]

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