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

Bailey & Ors v GlaxoSmithKline [2019] EWCA Civ 1924

The Court of Appeal summarised rulings on the legality of pursuing a “worst in class” approach to defectiveness for the purposes of the Consumer Protection Act 1987. Full judgment, dated 8 November 2019 Summary: This case arose out of a Consumer Protection Act 1987 claim concerning the addictive effect of an SSRI drug. The Claimant … Continue reading Bailey & Ors v GlaxoSmithKline [2019] EWCA Civ 1924

Irani v Duchon [2019] EWCA Civ 1846

The Court of Appeal gave useful guidance on when a Blamire and/or Smith v Manchester award will be appropriate rather than an Ogden calculation. Full judgment, dated 6 November 2019 Summary: The Claimant was made redundant because of injuries suffered in the index accident and as a result would be forced to move back to India. He presented inadequate … Continue reading Irani v Duchon [2019] EWCA Civ 1846

Aldred v Cham [2019] EWCA Civ 1780

The Court of Appeal ruled on whether counsel’s quantum advice for an infant settlement was a disbursement for the purposes of 45.29H. Full judgment, dated 25 October 2019 Summary: The Court of Appeal held that where a personal injury claim that fell outside of the low-value RTA protocol concerned a child, counsel’s fee for advising … Continue reading Aldred v Cham [2019] EWCA Civ 1780

Andrea Brown v Comissioner of Police of the Metropolis & Others [2019] EWCA Civ 1724

Full judgment. The Court of Appeal addressed the application of QOCS in “mixed” claims. Summary: AB had brought actions relating to allegedly wrongful use of personal data, claiming damages for personal injury, for breach of the Data Protection Act 1998 (“DPA”) and the Human Rights Act 1998 (“HRA”) and for breach of contract, misfeasance in … Continue reading Andrea Brown v Comissioner of Police of the Metropolis & Others [2019] EWCA Civ 1724

West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220

The Court of Appeal dealt with issues concerning the recoverability of ATE premiums in clinical negligence premiums. Full judgment, dated 17 July 2019 Summary: The Respondent sought to have a standard of reasonableness and proportionality applied to the amount of ATE premiums claimed as an expense in two clinical negligence claims. The court rejected the … Continue reading West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220

Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103

The Court of Appeal gave guidance on the restrictive rules on extensions of time for service of the claim form, which in this claim was out of the jurisdiction. Full judgment, dated 27 June 2019 Summary: Though arising out of a clinical negligence claim pursued by Leigh Day on behalf of the Claimant, this appeal … Continue reading Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103

Motor Insurers’ Bureau v Michael Lewis [2019] EWCA Civ 909

The Court of Appeal decided that the MIB is an emanation of the state and accordingly the 2009 EU motor insurance directive was directly effective against it. Full judgment, dated 5 June 2019. Summary: In this claim the Appellant had been found liable to indemnify a Mr Dennis Tindale, who had injured the Respondent with … Continue reading Motor Insurers’ Bureau v Michael Lewis [2019] EWCA Civ 909

Zurich Insurance PLC v David Romaine [2019] EWCA Civ 851

The Court of Appeal fired a warning shot across the bows of dishonest personal injury claimants (and their solicitors) by allowing an appeal against a refusal of permission to bring committal proceedings for contempt against a knowingly deceitful personal injury claimant. Full judgment, dated 17th May 2019 Summary: The Appellant had sought, and was refused, … Continue reading Zurich Insurance PLC v David Romaine [2019] EWCA Civ 851