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Personal injury

Specials – halved

Special damages attract interest at half the ‘special investment account rate’ (ie the special interest rate applied to court funds).

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Occupiers’ liability – warning

What do you think would be the outcome of this case: a homeowner is carrying out substantial renovation works, using a contractor. A temporary safety bannister is erected by the contractors, but is removed for a day to enable them to fit the new bannisters.

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Part 36 offer – withdrawal?

A person who receives a Part 36 offer can accept ‘at any time’ without the permission of the court. Note that this is not just within the 21-day period after receipt, but at any time after that (prior to commencement of trial).

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Highway – lack of grit

The highway authority is ‘under a duty to ensure, so far as is reasonably practicable, that safe passage along the highway is not endangered by snow and ice’ (s41(1A) HA 1980).

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Intangible benefits – damages

Another common head of damages that is claimed is ‘loss of intangible benefits’ (ie loss of the household services that would otherwise have been provided by the injured or deceased family member). As has recently been said:

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Voluntary care – damages

Many PI claims include a claim for the care and attention given by a family member on a voluntary basis.

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Cyclists – helmets

The Highway Code recommends that cyclists should wear helmets. Whilst the Highway Code does not have direct legal force, RTA 1972 says that it can be used as tending to establish negative civil liability.

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Professional sport – club liable

In a semi-professional rugby match, one player punched another in an off-the-ball incident and broke his eye-socket. The CA held that the club (which employed the offending player) was vicariously liable.

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CFA – liability admitted

There are still a surprising number of decisions on success fees in CFAs. Whilst fixed levels of success fees have been introduced for RTAs, accidents at work, and industrial disease claims, there are still claims where there are no fixed success fess (eg professional negligence; public liability; older cases where the accident occurred before the introduction of fixed fees).

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Limitation – prejudice?

The HL decision in Hoare [2008] was important for its interpretation of Limitation Act 1980. The court made it clear that the proper approach when deciding whether an injury is ‘significant’ involves applying an entirely impersonal standard (rather than considering any particular characteristics of the claimant).

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Trustees – duty to beneficiaries
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Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
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Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
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From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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