May 2018 #165 – Law Journals

Pre-action disclosure applications: Much accrued about nothing

Are claimants entitled to advocate‘s costs when no advocacy has occurred? Thomas Herbert reviews conflicting case law ‘Where the defendant consents to the substantive application, and also accepts that it must pay the claimant‘s costs (ie where there is no need for any advocacy), is the claimant still entitled to half the Type B costs?‘ …

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Case report: Dunhill v W Brook & Co [2018] EWCA Civ 505

Professional negligence; setting aside a settlement; capacity ‘The judgment emphasises two high thresholds that apply to a claimant in seeking to overturn a first instance decision in a professional negligence case.‘ This is an interesting professional negligence case arising from a settled personal injury claim which is useful to serious injury practitioners not because it …

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Liability: Pure omissions and public authorities

Ruth Kennedy considers the basis upon which liability can be established ‘The general principle is that there is no liability for the wrongdoing of a third party, even where that wrongdoing is foreseeable.‘ This article focuses on liability for pure omissions in tort with a particular focus on public authorities. The general principle of the …

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Future accommodation: The end of the Roberts v Johnstone award?

Andrew Davis and Juliet Stevens investigate fair compensation for a room of one‘s own ‘The court‘s task in relation to future accommodation is to make an award which ensures a claimant can live in appropriate accommodation for the rest of their life, at no extra cost to themselves and without the burden of borrowing too …

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Advocate‘s advice: Can we compel people to use ADR?

Bill Braithwaite QC reports that compulsory alternative dispute resolution may be on the cards ‘The whole object of ADR is that it allows parties to explore existing or novel ways of resolving disputes, not just settling cases when all the costs have been incurred.‘ I‘m very keen on alternative dispute resolution (ADR), and I‘ve used …

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Mis-service of the claim form: A triumph of form over substance?

Howard Elgot and Abigail Telford discuss a case that ended up in the Supreme Court concerning a procedural issue ‘Those seeking to serve a claim form by any mode should take particular care to comply with the rules and practice directions.‘ In Barton v Wright Hassall [2018], the claimant (C), acting as a litigant in …

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