The Practical Lawyer


Holiday bugs – strict liability

There are those who see holiday bug claims (ie claims for holiday sickness and food poisoning) as the perfect replacement for whiplash. Indeed, the SRA is so concerned that it has asked a dozen of the leading firms to prove that they are not paying referral fees for this work.

Subscribers only...

Part 36 – indemnity costs?

Is there an entitlement to indemnity costs when there is late acceptance of a Part 36 offer?

Subscribers only...

Part 36 – nominal damages?

Who is the ‘unsuccessful party’ where the defendant admits liability in a £15m claim, rejects the claimant’s Part 36 offer of £1.5m, but then the defendant only recovers nominal damages of £2?

Subscribers only...

Costs budgets – detailed assessments?

Even the committee that updates the CPR cannot agree on whether costs budgeting fetters the powers and discretion of the court’s judge at a detailed assessment. As the committee reported recently: ‘on the one hand there is a view that if costs are claimed at or below the figure approved or agreed for that phase of the budget, then they should be assessed as claimed without further consideration… There is a contrary view that the costs judge’s powers and discretion are not fettered by the budgeted figure… and the budget is but one factor to be considered’.

Subscribers only...

Motor insurance – ‘use’?

A fitter used the company’s workshop to do some welding on his car (which had failed the MOT). Needless to say, an errant spark caused a fire, which resulted in £2m worth of damage to the buildings. The property and public liability insurers paid out, but then sought to recover from the fitter’s motor insurers.

Subscribers only...

Insurance – late payment damages

Since 4 May 2017, insurers have become liable for damages caused by late payment of a valid claim. Previously, there was no legal obligation to pay a valid claim within a reasonable time, but the law has now been changed by Enterprise Act 2016. Thus, there is an implied term in all insurance contracts that the insurer will pay valid claims within a ‘reasonable time’.

Subscribers only...

Damages – information or advice?

The Supreme Court has clarified the SAAMCO [1996] decision, which is vitally important in professional negligence cases. In doing so, it has said that many earlier solicitor negligence cases were wrongly decided.

Subscribers only...

Proportionality – planning

These are the words of a county court judge in 2001 – they remain equally valid today:

Subscribers only...

Protocol – pre-action discovery

Does the fixed costs regime apply to an application for pre-action discovery in a claim which started under the protocol, but is no longer within it? The CA has decided that it does, and that costs will usually be limited to the fixed rates.

Subscribers only...

Contrib – costs

To what extent should a successful claimant be penalised in costs if there is a finding of contributory negligence against the claimant?

Subscribers only...

Page 7 of 46

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...


IAG International
MSI Global Alliance
Join the IBA now!
In House Lawyer