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Jack Macaulay – case insight on Patel: fundamental dishonesty and section 57

Articles | 24th May 2019

Patel v Arriva & Zurich [2019] EWHC 1216 (QB) is a new addition to the growing body of reported decisions on s.57 of the Criminal Justice and Courts Act 2015. By way of recap, s.57 provides that a court must dismiss a personal injury claim in its entirety where the Claimant has been “fundamentally dishonest”. […]

Are liquidated damages payable even when the contractor does not complete the works?

Articles | 8th Mar 2019

Published by Thomson Reuters Practice Law Construction Blog. Following Sir Rupert Jackson’s judgment in Triple Point Technology Inc v PTT Public Co. Ltd, the short but hardly definitive answer to the question I’ve posed is, it all depends on the precise wording of the liquidated damages (LDs) clause. Triple Point Technology Inc v PTT Public Company Ltd […]

Court considers failure to serve medical report in personal injury case (Mark v Universal Coatings & Services Ltd and another company)

Articles | 1st Mar 2019

Robert O’Leary, interviewed by Kate Beaumont of LexisNexis, advises that what appeared to be mandatory requirements in all personal injury claims will not necessarily be applied as rigorously in complex cases. To read the full interview, please click here. This article was first published on Lexis®PSL Personal Injury on 12 December 2018.  

Case note on Cameron v Liverpool Victoria Insurance Co Ltd.

Articles | 22nd Feb 2019

On 20 February 2019, the Supreme Court handed down the much anticipated judgment in Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6. This judgment, which constitutes a major victory for insurers, means that it now appears very difficult for a claimant to sue an unidentified defendant following a “hit & run” RTA. In […]

John Carey v Vauxhall Motors Limited [2019] EWHC 238 (QB)

Articles | 21st Feb 2019

Written by Robert O’Leary On 11th February 2019, HHJ Walden-Smith, sitting as a judge of the High Court, found in favour of the Claimant, Mr. Carey, whose wife had died of mesothelioma as a consequence of exposure to asbestos brought home on Mr. Carey’s works overalls. The Claimant worked in the Vauxhall Motors Dunstable plant […]

The Supreme Court provides clarity on causation in professional negligence claims

Articles | 15th Feb 2019

On 13 February 2019, the Supreme Court (Lord Briggs, Lady Hale, Lord Wilson, Lord Hodge and Lord Lloyd-Jones) handed down judgement in Perry v Raleys Solicitors ([2019] UKSC 5) allowing the appeal by Raleys Solicitors and in so doing restored the decision at first instance of H.H.Judge Saffman. The judgment is available here. Background The […]

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