The underlying private law action brought by the six claimants in this case is for damages for improper detention and mistreatment as part of the “war on terror”, phrased in conventional torts such as false imprisonment, trespass to the person and misfeasance in public office, and public law breaches such as breach of the Human Rights Act 1998 on the basis that the treatment was torture or inhuman or degrading treatment. They had been held at Guantanamo Bay. Various government departments were s ...
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In a claim relating to pension switching advice the Court of Appeal considered how s. 32 (1) (b) of the Limitation Act 1980 applied where there were multiple losses arising from a single unlawful act and one of those losses was deliberately concealed. On the facts, the Court held that the claimants’ suffered both a concealed loss and another unconcealed loss at the same time and thus the cause of action could be completed by reference to the unconcealed loss. Lord Justice Rix went on to consider ...
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A claims management company passed its cases to Consumer Credit Litigation Solicitors, the trading name for a sole solicitor’s practice. Those claims were brought against a large number of finance companies and high street banks. Costs orders were made against the Claimants in a large number of claims. The consequence was that a large number of Claimants sought to discontinue their proceedings, but attempted to recover some or all of their costs from the Defendant banks. Those applications were ...
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Where a client is given positive legal advice as to the prospects of his claim it would be expected that the client relied on that advice in continuing his claim and the evidential burden of disproving a causative effect should shift to the law firm to disprove it. The advice given by the law firm was overly optimistic on facts of the case particularly in the context of an arbitration and the difficulty of challenging a decision of arbitrators on the construction of a clause by way of appeal. Ac ...
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The Defendant law firm had provided the family business with corporate advice for many years. The business needed to raise capital. One of the main shareholders was very unwell and thus consideration was given as to how a capital raising process might be of benefit to that shareholder’s estate for inheritance tax purposes. It was believed that business property relief would attract to shares held in the business and thus reduce the potential inheritance tax liability that would arise on the equi ...
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An insurance broker was under a duty to satisfy itself that its client understood the obligation of disclosure to insurers. That would usually require a specific oral or written exchange on the subject at the time of placement and again on any subsequent renewal, particularly if the client representative changed. In the absence of such an exchange the insurance broker’s duty to elicit material information for disclosure had to be performed more rigorously. However the claim failed on causation: ...
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Accountants had been asked to value the shares in a company undertaking projects in the PFI sector. Following a valuation of £5.1 million the Claimants sold their shares in the company to a third party for £5.5 million. 11 months later the third party managed to sell on the shares for £40 million. The Claimants alleged that the accountants had negligently under-valued their shares. It was also alleged that the accountants suffered from a conflict of interest through its long-standing relationshi ...
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Parent’s Breach Of Duty To Supervise Child Did Not Absolve Swimming Pool Operator From Responsibility
The Court of Appeal refused the applicant swimming pool operator permission to appeal against its conviction for a health and safety offence, following a 7-year old child suffering brain damage after almost drowning in its swimming pool. Notwithstanding the breach of duty of care committed by the child’s father in failing to provide armbands or adequate supervision, the relevant duty of care owed by the applicant pursuant to the Health and Safety at Work etc. Act 1974 was non-delegable and accor ...
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Standard Of Care Required Of Ski Instructors Judged Against Relevant Local Standards
The Court of Appeal dismissed the appellant’s appeal against the decision rejecting her claim for damages for personal injuries sustained in a skiing accident on a holiday organised by the respondent company. It was alleged that the respondent had breached its duty of care, as imposed by a set of rules which imposed a duty on ski schools, instructors and guides never to allow pupils to take any risk beyond their capabilities, however such rule did not identify or prescribe how such duty was to b ...
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A ‘closed court procedure’, whereby the Defendants could disclose material only to the court and ‘special advocates’ acting for the Claimants (and not even to the Claimants themselves) for public interest reasons, was not available in an ordinary claim for damages. Such a procedure would undermine basic principles, was not available under the CPR, nor practical in terms of effective case management or costs management. Trials should be conducted, and judgments given, in public.
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