July/August 2018 #167 – Law Journals

Costs: No exceptionality required

Paul Jones considers the latest case involving QOCS and allegations of fundamental dishonesty ‘The test was one that neither required exceptionality nor was to be made routinely. There was no presumption either for or against the making of such a finding but was rather one to be made after a consideration of all of the …

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Local authority duties: Limited liability

In the conclusion to a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg examine the implications of the Court of Appeal’s judgment in CN v Poole Borough Council ‘Following CN v Poole, no duty of care can be owed by a local social services authority in the exercise of its child protection …

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Case report: X v Kuoni Travel Ltd [2018] EWCA Civ 938

Sexual assault, Package Travel Regulations, improper performance of contract, vicarious liability ‘The majority found that the judge was correct to hold that the respondent was not liable under either the express or implied terms of the contract as the employee was not a supplier within the meaning of the PTR 1992.’ On 8 July 2010 …

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Accommodation claims: Behind the times

Philip M D Grundy, Nick Martin, Edward J P Grundy and Matthew Smith explain why Roberts v Johnstone is no longer applicable ‘There is no doubt that several of the potential solutions identified provide both the tortfeasor and the claimant with a range of practical alternatives to the accommodation conundrum.’ At 38.204, McGregor on Damages …

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Secondary victim claims: Is the tide turning?

Tom Gibson discusses case law – and settlements – in the complicated area of psychiatric injury claims by secondary victims ‘Tomlinson LJ’s fourth criterion – that a claimant must have suffered a diagnosable psychiatric illness that was caused by a “sudden shocking event” – tends to be the most difficult requirement for claimants to satisfy.’ …

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Duty of care: Can you run in school?

Jonathan Holsgrove reports on the duty of care owed to schoolchildren after a recent case ‘A measure of discretion is needed and provided to teachers who are best placed to know the school, the environment and the pupils in their care. In those circumstances the court should be slow to substitute its own judgement and …

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Settlements: Getting Part 36 offers right

Sharan Sanghera provides up-to-date advice following a number of Part 36 judgments ‘Despite being a well-established regime, Part 36 continues to trip up litigators and mistakes can not only mean that consequences are not applied in your favour but can also lead to expensive satellite litigation.’ There are clear advantages to claimants and defendants in …

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