Appeal concerning the approach to costs of a Beddoe application on the ground that the trustee was entitled to an indemnity out of the estate. Held: The normal rule for costs of the application for direction that, absent improper conduct, the costs of the trustee and of the beneficiary defendants w......

The focus in a claim under the Criminal Injuries Compensation Scheme by a person not present at the scene of crime was upon the immediate aftermath of the crime. The Applicant's ('A') former partner had been killed in an assault in July 2009. A attended the hospital in the early hour......

Negligence & failure to carry out appropriate risk assessment or training: A ferry company was held liable in negligence for the death of a passenger who fell overboard and drowned, where the company had been aware of the near impossibility of retrieving a man overboard in rough seas and yet had fa......

An employer was negligent in failing to take steps to obviate the risk of an employee, who complained of being overworked and stressed and who had a history of depression, from suffering from a nervous breakdown. ......

Insufficient Evidence to found Contributory Negligence. It was accepted by both parties that the Claimant had been driving a stolen car at 50mph on the wrong side of the road. The Claimant contended that the Defendant should be found contributorily negligent for running across the carriageway when ......

Insufficient Evidence to found Contributory Negligence. It was accepted by both parties that the Claimant had been driving a stolen car at 50mph on the wrong side of the road. The Claimant contended that the Defendant should be found contributorily negligent for running across the carriageway when......

Error of discretion where no award of costs where appellant had succeeded in action ......

Local Authority Liable for Defective Inspection of a Highway The appellant local authority appealed against a decision that it was liable for failing to secure that a public highway was not dangerous to traffic, in accordance with the Highways Act 1980. The trial judge found that an inspection tha......

Appeal against i) a decision to refuse leave under s. 139(2), Mental Health Act 1983 concerning the scope of the duty of an approved mental health professional to exercise independent judgment; and ii) part of an order requiring the appellant to pay the costs that the first respondent had been ord......

A householder's claim for structural damage allegedly caused by tree roots failed because the expert evidence was equivocal and insufficient to show that the subsidence had been caused by tree roots rather than by soil heave. ......

The court commented on the factors for assessing the damages to be awarded for pain, suffering and loss of amenity for mesothelioma, and on the lower level figure for awards in the Judicial Studies Board Guidelines 10th Edition.The Court held that the assessment of damages in mesothelioma cases was......

Whilst the Bar Council, when considering or dealing with a prosecution in respect of a disciplinary matter, had to apply the principles of natural justice and could not act out of improper motive, malice or bad faith, that was a duty owed to all its members and did not arise out of a contract with ......

The Defendants were granted summary judgment in respect of the Claimant's claim against members of the Bar Council and its employees in respect of a withdrawn prosecution relating to the Claimant's publication of an article in a magazine that he considered would be distributed within a small closed......