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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 […]

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 […]

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