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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 […]

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