Mario Schembri v Ian Marshall [2020] EWCA Civ 358

The Court of Appeal addressed the appropriate approach to causation in a medical negligence case where a particular mechanism for a positive outcome could not be proven. Full judgment, dated 10 March 2020 Summary: The court was presented with a case where, had the Appellant not failed to refer the deceased to hospital, she would … Continue reading Mario Schembri v Ian Marshall [2020] EWCA Civ 358

Kevin Cowley v L.W. Carlisle & Co Ltd [2020] EWCA Civ 227

The Court of Appeal upheld a strike-out of a claim against a non-existent company and gave guidance on how an insurer of a dissolved company should proceed if faced with a claim without a concurrent application to restore. Full judgment, dated 25 February 2020 Summary: A had pursued R for damages for noise-induced hearing loss … Continue reading Kevin Cowley v L.W. Carlisle & Co Ltd [2020] EWCA Civ 227

London Borough of Haringey v FZO [2020] EWCA Civ 180

The Court of Appeal upheld a decision in a historic sex abuse case concerning issues of limitation, consent, vicarious liability and causation. Full judgment, dated 18 February 2020 Summary: R had been sexually abused by A’s teacher in the 1980s. A appealed findings that (i) the limitation period should be disapplied, (ii) the sexual activity … Continue reading London Borough of Haringey v FZO [2020] EWCA Civ 180

Wickes Building Supplies Ltd v William Blair (No. 2: Costs) [2020] EWCA Civ 17

In the second case arising from these proceedings, the Court of Appeal gave guidance on the application of fixed costs and QOCS to the costs of appeals. Full judgment, dated 21 January 2020 Summary: The Appellant had previously succeeded before the Court of Appeal and applied for an order for its costs against the Respondent. … Continue reading Wickes Building Supplies Ltd v William Blair (No. 2: Costs) [2020] EWCA Civ 17

Ho v Adelekun [2019] EWCA Civ 1988

The Court of Appeal gave further guidance on which costs scheme will apply where are disputes over the same and, consequently, the approach that should be taken when drafting settlement orders. Full judgment, dated 19 November 2019 Summary: The parties to an RTA protocol claim now running on the fast-track with fixed costs, settled the … Continue reading Ho v Adelekun [2019] EWCA Civ 1988

Wickes Building Supplies Ltd v William Blair [2019] EWCA Civ 1934

The Court of Appeal gave guidance on the consequences of filing late evidence in advance of stage 3 hearings.Full judgment, dated 12 November 2019 Summary: The Respondent had filed a statement which was non-compliant with the protocol rules by reason of its lateness in advance of a Stage 3 hearing. The question between the parties … Continue reading Wickes Building Supplies Ltd v William Blair [2019] EWCA Civ 1934

Jet 2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858

The Court of Appeal ruled that contempt proceedings could be founded on pre-action false statements. Full judgment, dated 8 November 2019 Summary: The Respondents, who had intimated claims for sickness on holiday via witness statements served on the Appellant, were the subjects of committal proceedings brought by the Appellant. The first instance judge had dismissed … Continue reading Jet 2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858