Previous Publications

This edition reports on a successful defence involving a loose manhole cover, which gave rise to the review of the Defendant Local Authority’s adequacy of a reactive system and its duty under the Occupiers’ Liability Act 1957, together with various case updates.

This edition reports on a successful defence of a significant personal injury claim with fundamental dishonesty findings and displacement of Qualified One Way Costs Shifting, together with various case updates.

This edition reports on a case where a Claimant suffered an injury in the workplace, together with various case updates.

This edition includes various case summaries covering multiple attempts to issue correctly, non genuine Part 36 offers and non-party costs orders.

This edition reports on a retail park carpark incident which involved arguments as to public rights of way, together with various case updates.

This edition reports on the Three-Stage Test to be applied by the Court when considering a Waster Costs Order, together with various case updates.

This edition reports on the issues to be considered relating to a Costs Order made in a Small Claims Track matter, together with various case updates.

This edition includes various case summaries, together with articles on the recovery of NHS charges and fixed costs in the intermediate track.

This edition reports on a claim for damages arising out of a work place accident, bad character evidence in regulatory prosecutions, together with various case updates.

This edition reports on a claim for damages arising out of injuries suffered by the Claimant, who is now an adult, during an incident when he was a pupil, changes to the Personal Injury Damages Claim Portal, together with various case updates.

This edition reports on the importance of good quality contemporaneous evidence and the effective presentation of the same to the Court, Amendments to QOCS, together with various case updates.

This edition reports on the impact that apparatus, which is owned by a third party utility company, has on a defence under Section 58 of the Highways Act 1980, together with various case updates.

This edition reviews the latest in motoring case law and previews the significant costs reforms in the coming year.

This edition reports on Pre-Action Disclosure in personal injury cases in relation to weighing up the rights of third parties when records relating to them are sought by way of disclosure, together with various case updates.

This edition reports on a Complex Regional Pain Syndrome case which was discontinued following the emergence of a Fundamental Dishonesty argument, together with various case updates.

This edition reports on the impact of an investigation by a Department of Transport specialist investigation body on the Coroner’s inquest process, together with various case updates including foreseeability of psychiatric harm.

This edition reports on the operation of the Definitive Sentencing Guideline in a public sector / emergency service sentencing for breaches of the Health and Safety at Work Act 1974, together with various case updates.

This edition reports on foreseeability issues when dealing with accidents in school playgrounds, together with various case updates including a retrospective application for an extension when a Claim Form was misplaced by the Court.

This edition reports on the importance of good photographic evidence in highways matters and focuses on a complex case involving allegations of failure to investigate alleged serious criminal activity, together with various case updates.

This edition includes various case summaries relating to fundamental dishonesty, expert evidence and permission, together with articles on the Motor Vehicles (Compulsory Insurance) Act 2022 and the Police, Crime, Sentencing and Courts Act 2022.

This edition reports on a claim for damages which involved historical Grade Two Listed Structures on Local Authority land, together with various case updates including Fundamental dishonesty and refusal to mediate.

This edition reports on the Claimant’s burden of proof in highways claims in proving that an accident occurred as alleged or that a particular defect had caused the alleged accident, together with various case updates.

This edition reports on an inquest case which involved issues of diagnosis and causation of death in the context of alleged asbestosis with concurrent COVID-19 lung fibrosis, a discussion on the bold judicial review of the Compensation Recovery Unit scheme in the context of long tail claims and includes various case updates.

This edition includes case summaries relating to fundamental dishonesty, jurisdiction and portal medical evidence, together with an article on the Highway Code changes.

This edition reports on the successful defence on a matter concerning highway kerb lines and s.41 dangerousness, an analysis of the Health and Safety Executive annual statistics for 2020-21 and includes various case updates.

This edition reports on the assistance of historical land documents when dealing with defects bordering different owners’ land, further developments in the case law around social services failure to remove claims and includes various case updates.

This edition reports on the successful Defence against a claim for personal injury in an Employers Liability case in the context of agency workers (grass cutters) and also in the context of the use of unauthorised equipment and includes various case updates.

This edition includes case summaries relating to capacity whilst drunk, complex regional pain syndrome, liability apportionments and whether a photograph is more reliable than the party’s own evidence.

This edition reports on the successful Defence against a claim for personal injury in which the Claimant’s reliance and/or lack of reliance upon his Sat Nav clearly contributed to the alleged accident and includes various case updates.

This edition reports on the successful repudiation of a living mesothelioma claim, considers an important judgment in ‘failure to remove’ claims and includes various case updates.

This edition includes case summaries relating to capacity to litigate, accidents involving pedestrians and an article which considers whether conditions can be attached to Part 36 offers.