A Company Operating An Indoor Rock-Climbing Wall Was Liable For Injuries Sustained By A Climber Who Had Jumped Down Off The WallHHJ Curran QC (sitting as a Deputy High Court Judge) held that the defendant company that operated an indoor rock-climbing had breached its duty of care owed to the claima......

Surveyors: A surveyor would in a normal retainer be under an inherent obligation to inspect and value the right property such that inspection and valuation of a completely different property would be a breach of contract even when this mistake had arisen without any breach of the duty of care. Addi......

Summary judgment on the issues of breach of contract and breach of duty was granted in a claim by a mortgage lender against a firm of solicitor which had failed to report a restrictive covenant that might reasonably be expected to be material in the sense of adversely affecting the value of the pro......

The Claimant brought a personal injury claim for damage to his hearing, sustained it was alleged, during the course of his employment in a noisy working environment between 1953 and 1988 with his former employer. He had sought medical attention in respect of problems with his hearing on numerous......

The Pursuer raised an action of damages following a road accident in December 2008. She was 23 years old at the time of the accident and 25 at the date of proof. Liability was admitted but there was a dispute over quantum.The Pursuer suffered a soft tissue injury to her lower back as a result of......

It was inappropriate to determine as a preliminary issue whether an insurance company could rely on exclusions clauses in a personal accident insurance policy as to the deceased's state of mind at the time of a fatal car crash; to so would inhibit the trial judge in determining whether his acts had......

The Claimant suffered catastrophic injuries when her scarf got caught in the moving parts of a go-kart. She brought a claim against the manufacturer of the kart, the owner of the kart and the karting centre that sold the kart. The Claimant discontinued her claim against the manufacturer of the k......

Liability for Climber falling from Wall:Held that an activity centre had failed to comply with the Management of Health and Safety at Work Regulations 1999 by not warning a participant as to the latent danger of falling off a climbing wall onto safety matting provided. Although the defence of volen......

Requirement contained in a notice of proposed allocation under CPR r.26.3 to file Directions Questionnaire did not also amount to a requirement to serve a costs budget. The Claimant (C) appealed against the District Judge's decision that a notice of proposed allocation to the multi-track req......

Clarke J held that disclosure of information during the course of litigation did not absolve potential witnesses from the duty of confidentiality owed by them to the party making such disclosure in respect of matters in issue in the proceedings. Accordingly, the effect of the disclosure did not rel......

In a professional negligence claim the court was asked to issue the claim form and return it to the claimant's solicitors for service, who had indicated to the claimant that they were authorised for service. Instead the claim form was sent to the defendant's business address. The service on......

A judge had been correct to dismiss a claimant's claim for professional negligence against a firm of solicitors because it was debarred by the limitation period which ran from the date of knowledge in 2005 which was when the claimant's absestosis was confirmed. ......

Leading and junior Counsel successfully challenged a first instance finding that that they should have advised as to the potential expiry of a limitation period because although the lower court had identified the correct legal test in its application the judge had instead applied his own view as t......

CPR r.36.2(2)(c) did not mandate that for a Claimant to make a valid Part 36 offer, he had to make the payment of his costs by the Defendant a condition of his offer. It meant that if a claimant sought his costs, he had to specify a period of not less than 21 days in which they were to be paid. ......

Solicitors who acted for a client in a claim for compensation for vibration white finger under a scheme providing tariff-based compensation were in breach of duty in not consulting the client directly as to his losses and instead relying on questionnaires and standardised letters. Although he had b......

Each party to pay own costs where no winner and no loser. An order that each party was responsible for its own costs in respect of an action for alleged breaches of a restrictive covenant was not manifestly unjust particularly where the order fairly reflected that there was no winner and no loser.......

An employee leaving work at the end of the day and using a lift located in the common part of a shared office building where she worked had been using it "at work" within the meaning of the Provision and Use of Work Equipment Regulations 1998 reg.3 so that her employers were liable in damages for p......

The defence of legal advice privilege did not extend to legal advice provided by accountants. ......

Finding of Fact. As a matter of law, a finding that the excessive speed at which a car had been driven was causative of an accident resulting in personal injury could be made without indicating what was a safe speed. ......

The legal sector is abuzz with mentions of artificial intelligence, machine learning and blockchain. And yet, it can be difficult to discern exactly what impact these technologies will have, or how they will be implemented. In reality, day-to-day legal practice is much more likely to be impacted b......