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

Articles | 19th Nov 2018

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 QC, sitting as Deputy High Court judge, ruled […]

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

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 on the back of minor physical injury cause by an RTA, he […]

Coroner criticises BMW & DVSA

Articles | 11th Jun 2018

The Inquest into the death of Narayan Gurung concluded on 8 June 2018 with a narrative conclusion in which Anna Loxton, the Assistant Coroner for Surrey (“AC”), concluded that the failure by BMW (UK) Limited to initiate a product recall in respect of BMW 3 Series vehicles contributed to Mr Gurung’s death. Having ruled that […]

Costs of future treatment in mesothelioma cases

Articles | 31st May 2018

A review of current practice in resolving claims for future treatment in mesothelioma cases and in particular immunotherapy and associated treatments. By Catherine Foster and William Vandyck. The problem We are here concerned only with the cost of future treatment for mesothelioma sufferers where liability is not in issue and where all other heads of […]

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