Insight
INSIGHT 194
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we consider:
The Supreme Court judgments in the joined cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home), on whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’, are entitled to the national minimum wage for time that is not spent actually performing some specific activity, and the impact that may have on claims for care following injury.
Insight
INSIGHT 193
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on:
The development of vicarious liability through a number of court decisions over the last year, and consider the recent Court of Appeal judgment in Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356 (15 March 2021) in that context.
Insight
INSIGHT 192
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on:
The Court of Appeal’s approach to the potential civil liability of a UK domiciled ship broker for the death of a worker in a third party shipyard in Bangladesh. If the claimant can overcome the limitation hurdle and the claim is ultimately successful, this could have far reaching implications for the development of the law of tort.
Insight
INSIGHT 191
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we review how the high court has dealt with a claim in the aftermath of the Supreme Court judgment in CN & Another v Poole BC [2019] UKSC 25, relating to the circumstances in which local authority social services departments, and the social workers that they employ, could then owe a duty of care in the exercise of child protection functions.
Insight
INSIGHT 190
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on two Supreme Court cases relating to:
The jurisdiction of the court over claims in tort involving a defendant foreign company
The classification of “workers” in the UK
Insight
INSIGHT 189
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we focus on one case, to illustrate how a High Court Judge has preserved a five-day trial date, despite the following substantive applications being considered at the pre-trial review, with only 20 days to go:
Specific disclosure
Introduction of accommodation expert evidence
Amendment to include provisional damages
Insight
INSIGHT 188
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on cases relating to:
The assessment of damages and impact of Covid on a claim for loss of earnings
Claiming the costs of advertising for clients in a group litigation claim
Insight
INSIGHT 187
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on cases relating to:
The Court of Appeal’s view on how to value a ‘lost years’ claim
Part 36 and what happens to costs when an offer is accepted on the 22nd day after it was made
Insight
INSIGHT 186
27, July 2022
By Malcolm Henké
Welcome to this new edition of Insight in which we report on
cases relating to:
A reminder that service by electronic means is not good service unless explicitly agreed to
The importance of serving a notice to prove
The Court of Appeal’s review of liability under the Occupiers Liability Act and the defence of volenti non fit injuria
Insight
INSIGHT 185
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on
cases relating to:
Rome II and a public liability claim in France
A reminder of the requirement to prove causation and liability
What amounts to a lawful claim in respect of wrongful conception
Insight
INSIGHT 184
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on
cases relating to:
The assessment of damages in a Fatal Accidents Act claim
Solicitors leaving the service of proceedings until the last moment
Setting aside a default costs certificate
Amending a claim to reduce it by 87%
The liability of a hotel for attacks on guests
Insight
INSIGHT 183
27, July 2022
By Malcolm Henké
Welcome to this week’s edition of Insight in which we report on cases relating to:
A judge’s discretion under S33 Limitation Act 1980
The EU Motor Directives
Fact finding in an asbestosis claim
