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QOCS strikes again: Corstorphine v Liverpool City Council

Articles | 21st Mar 2018

By Peter Houghton Introduction The Court of Appeal (Sir Geoffrey Vos and Hamblen LJ) handed down judgment last week in another appeal concerning the application of qualified one-way costs shifting (‘QOCS’). The decision in Corstorphine v Liverpool City Council [2018] EWCA Civ 270 marks the Court’s third foray into the QOCS realm in the past […]

Bussey v Anglia Heating Limited: Important Court of Appeal decision on asbestos claims

Articles | 23rd Feb 2018

By Alexander Macpherson The Court of Appeal yesterday handed down judgment following the appeal heard in Bussey v Anglia Heating Limited [2018] EWCA Civ 243. The appeal was allowed, with the case being remitted back to the trial judge for consideration. The judgment has been keenly awaited as providing guidance as to (i) the correct […]

High value interim payment applications with a negative discount rate

Articles | 23rd Feb 2018

Andrew Davis and Juliet Stevens muse on the issue of high value interim payment applications in cases where there is as yet no solution to the question of accommodation claims. The end of 2017 saw the handing down of two judgments on applications for interim awards for future accommodation. In Flanagan (by his litigation friend, Green) v Battie, […]

Court of Appeal reaffirms limitation principles in NIHL litigation

Articles | 22nd Feb 2018

By Rory Holmes In Carr v Panel Products (Kimpton) Limited [2018] EWCA Civ 190 the Court of Appeal have recently discussed and reaffirmed various limitation principles in NIHL litigation. Mr Carr brought a modest NIHL claim (agreed damages of £7,000) in the Liverpool County Court. At first instance the Judge held: (a) that the claim […]

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