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Civil Liability Bill

Articles | 10th Dec 2018

On 20 November 2018 the long-awaited Civil Liability Bill passed the Lords without amendment. Once it becomes law following Royal Assent, the Bill will bring forward significant changes to the bottom and top ends of the personal injury landscape. The Bill provides wholesale amendments to disposal of “whiplash” claims, and creates a new statutory framework […]

Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy

Articles | 28th Nov 2018

Published by Thomson Reuters Practical Law Construction Blog. Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in […]

Appealing findings made by the TCC: guidance from the Court of Appeal

Articles | 19th Nov 2018

Published by Thomson Reuters Practice Law Construction Blog. In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis […]

Smash and grab raiders sentenced: it’s still a fair cop

Articles | 9th Nov 2018

David Sears QC and Douglas James discuss the Court of Appeal’s long-anticipated and important decision in S&T (UK) Ltd v Grove Developments Ltd [2018] EWCA Civ 2448. Introduction Back in February, in a momentous final outing as a TCC judge, Coulson J held that an employer that fails to serve a valid and timely pay […]

Darnley v Croydon Health Services NHS Trust

Articles | 24th Oct 2018

The Supreme Court has finally delivered its judgment in the appeal by Michael Darnley against the dismissal of his claim for negligence against the Croydon Health Services NHS Trust [2018] UKSC 50. Facts Mr Darnley suffered a head injury in an assault. He attended the Trust’s Mayday Hospital. He told the Receptionist that he had […]

Finding of fundamental dishonesty in catastrophic PTSD claim

Articles | 9th Jul 2018

Pinkus v Direct Line High Court (QB) Judgment 2.7.18 HHJ Coe QC On 2nd July 2018 HHJ Coe QC dismissed this £850,000 quantum-only personal injury claim, finding that the claimant, a film director, was guilty of fundamental dishonesty, and was caught by s.57 of the Criminal Justice and Courts Act 2015. The claimant argued that […]

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