DEFENDANT GRANTED RELIEF FROM SANCTIONS WHEN WITNESS EVIDENCE SERVED ONE YEAR LATE: WIDER INTERESTS OF JUSTICE CONSIDERED

DEFENDANT GRANTED RELIEF FROM SANCTIONS WHEN WITNESS EVIDENCE SERVED ONE YEAR LATE: WIDER INTERESTS OF JUSTICE CONSIDERED

April 5, 2023 · by · in Appeals, Fundamental Dishonesty, Members Content, Relief from sanctions, Witness statements

I am grateful to barrister Andrew McLaughlin for drawing my attention to the judgment of Mr Justice Freedman in  Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB). It concerns a successful appeal. The judge at first…

FUNDAMENTAL DISHONESTY FOUND: "GOOD DAYS AND BAD DAYS" DID NOT PERSUADE THE COURT

FUNDAMENTAL DISHONESTY FOUND: “GOOD DAYS AND BAD DAYS” DID NOT PERSUADE THE COURT

April 5, 2023 · by · in Fundamental Dishonesty, Members Content, Personal Injury

I am grateful to barrister Andrew Ward for sending me a copy of the judgment of Mr Justice Eyre which was handed down earlier this afternoon. In Mantey -v- Ministry of Defenchttps://www.bailii.org/ew/cases/EWHC/KB/2023/761.htmle [2023] EWHC 761 (KB) a finding of fundamental…

INSURER FAILED IN PRE-ACTION DISCLOSURE APPLICATION: BUT... IF THE RIGHT PARTY HAD BROUGHT THE APPLICATION IT WOULD HAVE BEEN GRANTED

INSURER FAILED IN PRE-ACTION DISCLOSURE APPLICATION: BUT… IF THE RIGHT PARTY HAD BROUGHT THE APPLICATION IT WOULD HAVE BEEN GRANTED

April 5, 2023 · by · in Appeals, Applications, Members Content

The judgment of Mr Justice Baker in Holt v Allianz Insurance Plc [2023] EWHC 790 (KB) is another round in a long running battle between car hire companies and insurers.  Whilst the insurer may have lost this round it is…