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Following the Grenfell tower block disaster Theo Huckle QC examines differing legal provisions for fire safety and considers what lessons can be learnt ‘It may well be that such tragedies can be avoided in future by steps to require the installation of suppression systems when building and upgrading buildings, irrespective of the flammability of the …
Continue reading "Fire Safety: The devolutionary perspective"
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Liam Ryan reports on claims by rescuers and secondary victims, and assesses the need for law reform ‘Is it not time to at least consider if people who provide more than “trivial or peripheral assistance” in the wake of a disaster should also be classed as rescuers in a new, and wider, concept?’ In recent …
Continue reading "Psychiatric Injury: Victims of circumstance"
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Anna Macey evaluates the balance between patient confidentiality and the prevention of harm ‘The mother’s claim was that her father’s medical practitioners had a duty of care to her, and her child, and ought to have informed her at any earlier opportunity of the likelihood of her father’s diagnosis.’ In the sad case of ABC …
Continue reading "Damages: Duty of care"
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Brian McCluggage argues for a greater focus on trial preparation in motor fraud cases ‘In the motor fraud context litigants need to get it right first time. The fact “fraud” is involved does not notably increase the willingness of the appellate courts to interfere with judgments perceived as unfair.’ This short article developed out of …
Continue reading "Motor Insurance Fraud: The ‘trial mindset’"
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James Goudkamp explores whether the Supreme Court’s policy-based approach to the illegality doctrine will be followed in tort cases ‘An important question that arises, and one that was not answered by the Supreme Court, is whether Patel applies beyond the field of unjust enrichment.’ The Supreme Court recently handed down judgment in the appeal in …
Continue reading "Illegality: Does Patel v Mirza apply in tort?"
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Paul Jones reviews if a defendant can be reimbursed for payments which are now unnecessary after a change in the RTA protocol ‘The underlying objective of the RTA protocol was that solicitors would receive payment for the work done during each stage, independently of the final outcome of the matter.’During the Peloponnesian War between Athens …
Continue reading "Costs: The Four Hundred Club"
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Stricter regulations on handling personal data are set to come into force next year. Stephanie Prior reports ‘The purpose of these new rules is to tighten up on processes and procedures and make it easier for people to bring claims against companies who do not follow the new GDPR rules. The rules promote accountability and …
Continue reading "Data Protection: The rules are changing"
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Steven Akerman offers alternatives to the costs proposals being considered in Lord Justice Jackson’s review ‘It is apparent that the status quo is simply not fit for purpose either, given for the potential of significant adverse costs making litigation unaffordable for many.’In advance of Lord Justice Jackson’s impending review on fixed recoverable costs, I took …
Continue reading "Fixed Recoverable Costs: Finding another way"
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Liam Ryan investigates unintended tragedies and the scope of secondary victims ‘It seems now to be clear that where a defendant is negligent while a baby is still “in utero” and personal injury (either to the child or mother) was a foreseeable consequence, then the mother will be capable of recovering compensation for any subsequent …
Continue reading "Psychiatric Injury: Picking up the pieces"
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Paul Jones outlines the consequences of improper and unreasonable conduct when serving a bill of costs ‘The Master had little difficulty in concluding that the claimant solicitors’ conduct of the detailed assessment proceedings had been both improper and unreasonable.’The signing of a certificate of accuracy in a bill of costs as required by CPR 47 …
Continue reading "Costs: When detailed assessment goes wrong"
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