Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015

The Court of Appeal reminded first instance judges that the decision to strike out a claim is a last resort, which should only occur after consideration of a two stage test in which showing an abuse of process is only the first step. Full judgment, dated 31 July 2020 Summary: C’s case had been struck … Continue reading Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015

Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696

The Court of Appeal gave guidance on the approach to the question of whether a way is a highway maintainable at public expense. Full judgment, dated 1 June 2020 Summary: C had tripped on a dangerous path in a public park, but D contended that the path was not a highway maintainable at public expense. … Continue reading Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696

Barclays Bank plc v Various Claimants [2020] UKSC 13

The Supreme Court gave yet more guidance on vicarious liability, this time in the context of independent contractors. Full judgment, dated 1 April 2020 Summary: This case involved sexual assaults committed by a medical examiner contracted by Barclays on an examination by examination basis. Lady Hale gave an overview of the recent law on vicarious … Continue reading Barclays Bank plc v Various Claimants [2020] UKSC 13

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

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

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