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

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

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

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