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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 […]

Withdrawing admissions – Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097

Articles | 14th Dec 2017

The Court of Appeal has considered the position where a defendant (D1), presented with a claim that is said to be of low value, admits liability but is later confronted with a significant increase in the value of the claim. The claimant initially indicated that her claim was a fast track claim (then limited to […]

Perry v Raleys Solicitors – Permission to appeal to the Supreme Court is granted

Articles | 30th Nov 2017

On 6 November 2017, the Supreme Court (Lady Hale, Lord Reed and Lady Black) granted Raleys Solicitors permission to appeal the order made by the Court of Appeal on 28 April 2017 ([2017] EWCA Civ 314; [2017] P.N.L.R. 27). The claim is typical of a number of professional negligence claims being brought against the Appellant […]

Court of Appeal holds bereavement damages provision incompatible with human rights

Articles | 29th Nov 2017

By Adam Taylor Introduction In a judgment handed down yesterday, the Court of Appeal granted the appeal of the Claimant dependant in Smith v Secretary of State for Justice [2017] EWCA Civ 1916. The Court, consisting of Etherton MR, McCombe LJ and Elias J, made a declaration that the bereavement damages provision within section 1A […]

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