SERVICE, FAULTS AND …. THE MATCH IS OVER
As Wimbledon is underway it is worth reminding ourselves that even apparently minor faults in service can be fatal to an action. This is illustrated by the decision in Venulum Property Investments Ltd –v- Space Architecture Ltd & 9 others …
ONE DIRECTION SINGING FROM THE SAME HYMN SHEET ?
THE USE OF STANDARD DIRECTIONS I have put the standard directions as a link because they will normally be the first port of call for anyone drafting directions (and I once spent a frustrating half hour trying to find…
THANKS FOR THE £500,000. NOW WHERE’S THE EXTRA £50,000 YOU OWE ME? KNOWING THE RISKS AND ADVANTAGES FOR THE CLAIMANT IN THE NEW PART 36
The new provisions when a claimant beats their own Part 36 provide challenges (including potential negligence claims) for the claimant lawyer. A claimant who beats their own Part 36 offer at trial now obtains considerable benefit. CPR 36.13(3) states that…
Extensions of time after Jackson: Safety First
Taking a close look at the decision in Atrium Training Services [2013] EWHC regarding extensions of time and its practical significance for litigators One of my main reasons for starting this blog was to keep a close eye on developments…
SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?
A perennial problem for litigators is the situation where a claimant has a good case but the Defendant is impecunious and uninsured. In many (but not all) motor claims the Motor Insurers Bureau will provide a practical remedy. In all…
INTERIM PAYMENTS AND THE SERIOUSLY INJURED CLAIMANT: SOMEWHERE TO LIVE OR DOWN AT EELES?
Cases and principles relating to interim payments and accommodation in catastrophic injury cases are considered. Prior to the decision in Cobham Hire Services –v- Eeles [2009] EWCA Civ 204 it was a relatively simple matter to obtain a substantial interim…