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Cases

M v. B

Anthony Johnson (instructed by Michael Wangermann of Ashtons Legal) represented the Claimant, a 42-year-old motorcyclist who suffered extremely serious injuries in a road traffic collision with a tractor that was towing a trailer. The Claimant suffered a spinal cord injury…

07/08/2024

Amjad v UK Insurance Limited [2023] EWHC 2832 (KB); [2024] 1 WLR 2038

Personal injury, costs, disapplication of QOCS where the claim was made for the benefit of a third party. The two gateways in CPR 44.16(2)(a) and (b) depended on who benefitted from the claim: if a third party benefitted then gateway…

08/07/2024

Fleming v Zurich Insurance plc [2023] EWCA Civ 1417

Civil procedure, pleadings, lifting the value. The Claimant brought a claim for personal injury and originally limited his claim to Fast Track levels. Standard directions were issued including permission to file and serve an updated schedule of loss. The Claimant’s…

08/07/2024

UK Insurance Ltd v Ali [2024] EWHC 30 (KB)

Contempt: procedure, permission and prison capacity. In a contempt application the Court considered when permission is required in relation to allegations of interference with the administration of justice in ‘existing’ proceedings and the relevance of overlapping allegations which do require…

08/07/2024

Advantage Insurance Co Ltd v Harris [2024] EWHC 626 (KB)

Contempt: basis and sentencing. In a contempt application, a Claim Notification Form could form the basis for contempt, just as with pleadings and statements. When sentencing, the Court could impose a fine if the exceptionality of the circumstances justifies the…

08/07/2024

Thakkar v (1) Mican (2) AXA Insurance UK plc [2023] EWHC 2313 Mr Justice Richard Smith, later unsuccessfully appealed by the other side to the Court of Appeal (reported at [2024] EWCA Civ 552).

Fundamental dishonesty and costs. There was no presumption that a successful Claimant would receive indemnity costs where the Defendant’s allegations of fundamental dishonesty failed. The default position is that standard costs are payable unless the receiving party could demonstrate why…

08/07/2024

Inquest touching upon the death of RH

The Inquest touching upon the death of RH concluded at Pontypridd Coroner’s Court on 2 July 2024. The jury, having heard evidence from 32 witnesses, concluded that RH died by “ligaturing himself in circumstances where his intention could not be…

05/07/2024

Infected blood inquiry

The Chair of the Infected Blood Inquiry, Sir Brian Langstaff, published his Final Report 20th May 2024. The Inquiry was established to examine the circumstances in which men, women and children were given infected blood or infected blood products in…

20/05/2024

Rix v. (1)Stonegate Pub Company (2) Regency Security Services

The Claimant was seriously injured in an incident that occurred in the First Defendant’s nightclub when her friend was pushed by the Second Defendant’s security staff who were traversing the floor of the venue in order to break up a…

10/05/2024

K v D

Richard Wilkinson, instructed by Alex Brown of Dean Wilson solicitors, secured a lump sum award of £4.75m in damages for a 49 year old Claimant who was left with significant orthopaedic symptoms following an RTA in which she sustained multiple…

04/04/2024

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