SETTING OFF INTEREST AGAINST AN INTERIM PAYMENT: A HIGH COURT DECISION
The judgment of Mrs Justice Cox in Manna -v- Central Manchester University Hospitals NHS Foundation Trust [2015] EWHC 2279 (QB) is a veritable goldmine for anyone who writes about civil procedure or personal injury damages. One of the, many, issues…
DATE OF KNOWLEDGE AND SECTION 33 IN SEXUAL ABUSE CASES: A HIGH COURT DECISION
In A -v- The Trustees of the Watchtower Bible and Tract Society [2015] EWHC 1722 (QB) Mr Justice Globe considered the issue of the date of knowledge under s.14 of the Limitation Act 1980 and also stated that, had it…
COSTS AFTER VARIATION OF A PART 36 OFFER TO BE LESS ADVANTAGEOUS TO THE RECIPIENT: BURRETT -v- MENCAP CONSIDERED
The decision of District Judge Ackroyd in Burreett -v- Mencap Ltd (14th May 2014) was reported on Lawtel earlier this week and is available on Bailli. It contains an important lesson to both defendants and claimants as to costs when…
SECTION 33 AND “LONG TAIL CLAIMS”: CONSTRUCTIVE KNOWLEDGE AND RELEVANCE OF DELAY BETWEEN THE BREACH AND THE DATE OF KNOWLEDGE
In Collins -v- Secretary of State for Business Innovation and Skills & Ors [2014] EWCA Civ 717 the Court of Appeal considered the appropriate legal test for the date of knowledge and exercise of the section 33 discretion when an…
LIMITATION: THE ESSENTIAL CHECKLIST: BACK TO THE FUTURE AT WORK
This is the second “essential checklist” compiled at a recent course held by Zenith Chambers. In this workshop practitioners (primarily solicitors), of all levels and type of experience, were asked to produce checklists for the “danger” areas of practice….
TEN MYTHS ABOUT LIMITATION THAT EVERY PERSONAL INJURY LITIGATOR SHOULD KNOW.
There are a surprising number of “myths” that prevail in personal injury litigation. In particular in relation to limitation. Here, as part of the “avoiding negligence” series we look at 10 of these myths. Myth 1: In a breach of…
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…
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