Insight
INSIGHT 206
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight, in which we report on the recent Court of Appeal ruling in the case of Paramount Shopfitting Co Ltd v Rix. The Court of Appeal considered whether a widow was entitled to a financial dependency award under the Fatal Accidents Act 1976 where she had received income as a director and shareholder from a family business which she had not worked in herself.
Insight
INSIGHT 205
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight, in which we report on the final chapter in the long running case of X v Kuoni following the UK Supreme Court’s final determination, which sets out the scope of the obligations of a travel operator under a package travel contract.
Insight
INSIGHT 204
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we consider different but important issues arising from cases at each end of the spectrum on value:
The Court of Appeal's decision on how to deal with the costs of a low value case pursued by the estate of a deceased person.
The High Court’s consideration of an application for a substantial interim payment for accommodation in light of the Eeles criteria laid down in 2010.
Insight
INSIGHT 203
27, July 2022
By Steven Smart
Welcome to this week’s edition of Insight in which we consider the long-awaited decision of the Outer House of the Scottish Court of Session on the subject of limitation.
Limitation in Scotland: how much does the Sailors’ Society judgment really tell us?
Insight
INSIGHT 202
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on the Supreme Court’s decisions in two appeals heard by the same panel of seven justices examining the application of SAAMCO in different fields:
Clinical negligence
Professional advice given by accountants
Insight
INSIGHT 201
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on the two most recent cases in the increasing volume of post-Poole litigation concerning allegations of failure to remove.
Insight
INSIGHT 200
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on two cases relating to varying a costs budget and how the court addressed the issues pre and post introduction of CPR Part 3.15A.
Insight
INSIGHT 199:
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight!
In his first article since joining Horwich Farrelly our new Head of Abuse, Alastair Gillespie, analyses a recent High Court decision on non-delegable duty in a case which, in its original form, Alastair had handled for insurers in the early 2000s.
Insight
INSIGHT 198
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on a recent decision on Part 36 where the Court of Appeal found both of the claimant’s offers to be ineffective.
Insight
INSIGHT 197
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on cases relating to:
The Supreme Court’s interpretation of an exclusion clause relating to "deliberate acts";
The Court of Appeal review of the scope of the fraud exception to “without prejudice”.
Insight
INSIGHT 196
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on the liability decision of the High Court for injuries sustained by a child when hit by a vehicle, reminding us that:
claimants do actually have to prove liability;
there is a methodical way to arrive at a reasoned view as to the most probable explanation;
honest witnesses can be, and are frequently mistaken;
contemporary accounts given by witnesses are usually preferred to later versions.
Insight
INSIGHT 195
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we consider:
The decision of the Court of Justice of the European Union on the circumstances in which package holiday operators can be liable for the actions of employees of their suppliers.
