June 2016 #146 – Law Journals

Material Contribution: Causes for concern

Julian Matthews highlights a case that demonstrates the courts’ approach to contribution to injury ‘Even where there were multiple causes, if the defendant’s breach of duty had materially contributed to one of those causes and that contribution was material to the development of the condition overall, then the principles of material contribution applied, and causation …

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Book Review: All together?

Jonathan Dingle assesses Employer’s Liability Claims (2016 edition) In a former professional life, when serving in the Royal Navy, the author quickly learned that Royal Marines were among the finest individuals into whose hands you could trust your life. A privilege to command and lead, they were the right people to have at your side …

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Case Report: Gentry v Lee Miller [2016] EWCA Civ 141

Insurers; vehicle loss; allegations of fraud; acknowledgement of service ‘Perhaps the broader application of Gentry is to provide yet another illustration how the courts are unwilling to tolerate delay and default even if, as here, the party applying for relief was an insurer that had only subsequently been added to the action and seemed to …

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Cost Management: Profiting from agents, delegation and budgeting

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Richard Allen summarises common grass roots costs issues and the importance of monitoring litigation resources ‘The matter of Nicholas Crane v Canons Leisure Centre proceeded to the Court of Appeal, who by a majority held that the costs consultant’s fees were “base costs” within the meaning of the CCFA and that the success fee was …

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Infant Settlements: What the court wants…

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Christopher Taylor outlines the approaches to getting court approval for infant damages ‘The courts undertake thousands of infant approval hearings up and down the country each year, most conducted before the District Bench, and yet there is little guidance on how these cases are to be conducted.’ The rules surrounding children and protected parties is …

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CFAs: Held in the balance

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Reuben Glynn examines the precedents for contesting the assignment of a CFA ‘Jenkins was not appealed, and remains good law. The problem is it was only a High Court decision so, in principle, could be departed from by another High Court judge or overturned by the Court of Appeal.’ We have a new battle ground …

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Financial Awards: Tread carefully

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Alison Taylor explains methods for avoiding professional negligence claims and maximising quantum ‘From a negligence perspective, not considering the impacts of eligibility for statutory funding both pre- and post-settlement can be a significant issue given the potential support available and sums involved.’A growth area of my work as a financial adviser is acting as an …

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Costs: Trials and tribulations

Paul Jones considers the costs implications of a dispute that was settled on the day of the trial, before the trial had taken place ‘The key in this case was that the third case of Section B of Table 6B clearly and expressly only applied where the case settles prior to the date of trial …

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