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Does Fundamental Dishonesty need to be “distinctly” pleaded?

Articles | 10th Nov 2017

By Helen Pagett Guidance given by the Court of Appeal in Lorna Howlett (1) Justin Howlett (2) v Penelope Davies (1) Ageas Insurance Ltd (2) [2017] EWCA Civ 1696. Following the introduction of Qualified One Way Costs Shifting (QOCS) a successful Defendant may enforce a costs order beyond any sums recovered “with the permission of […]

Mesothelioma claims: Williams v University of Birmingham under fire

Articles | 31st Oct 2017

Matthew Boyle looks ahead to the case of Bussey v Anglia Heating in the Court of Appeal. It is understood that the Claimant’s appeal in this fatal mesothelioma claim will be heard by the Court of Appeal on 23 January 2018. The appeal may shed new light on the status of the earlier decision of […]

Paxton Jones v Chichester Harbour Conservancy

Articles | 26th Oct 2017

Summary This case, in which Christopher Kennedy QC represented the First Defendant, instructed by Weightmans LLP illustrates the truth that points about service will always be with us. They have proved immune to extinction by judgment. The facts On 13 June 2009 the Claimant, who was then nearly 14, climbed an oak tree near Chichester Harbour […]

Vicarious Liability – An Expanding Universe

Articles | 19th Oct 2017

In 2016, Robert O’Leary of Crown Office Chambers, secured a significant victory for the Claimant in the Supreme Court case of Cox v Ministry of Justice [2016] UKSC 10. In that case, the Supreme Court held that Mrs. Cox’s employers, the Ministry of Justice, were vicariously liable for the negligence of a prisoner working with […]

Jason Evans-Tovey represents homeowners in Court of Appeal TPO case

Articles | 15th Sep 2017

Jason Evans-Tovey represented insurers of homeowners in the first Court of Appeal case to consider compensation for refusing permission to fell a protected tree which was causing damage and in particular the express defence (akin to contributory negligence and failing to mitigate) available to councils in tree preservation orders and now regulation 24(4)(c) of the […]

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