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A v Hoare [2008] UKHL 6 (30 January 2008)

Correct Approach to Limitation in Sexual Abuse Cases: The Lords allowed the appeals of six appellants who had been victims of sexual abuse during childhood and whose claims had been adjudged to be statute barred. It was held that the test under section 14 of the Limitation Act 1980 was an entirely ......

Adams v. Bracknell Forest Borough Council [2004] UKHL 29 (17 June 2004)

There was no reason why the normal expectation that a person suffering from a significant injury would be curious about its origins should not also apply to dyslexics. Therefore, on the facts of the instant case, the claimant's date of constructive knowledge was well before three years before issue......

AIB Group (UK) plc (Appellant) v Mark Redler & Co Solicitors (Respondent) [2014] UKSC 58 - 05/11/14

We welcome again Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, as he continues his critical review of current case law. Readers may recall this case and will note the case summary 30th January 2012, available here. Whilst this judgment follows on from a num......

Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 - 30/10/13

Appeal concerning a declaration made under s. 15, Mental Capacity Act 2005 raising the issue of the correct approach to an assessment of whether it is in the best interests of a patient who lacks capacity to receive life-sustaining treatment. Appeal dismissed. Held: The fundamental question is......

Albion Water Limited v Dwr Cymru Cyfyngedig [2013] CAT 16 - 31/07/13

Costs ruling in a successful claim for damages pursuant to s. 47A, Competition Act 1998 (inserted by s. 18, Enterprise Act 2002) and an unsuccessful claim for exemplary damages. Held: A party is not required to succeed on every point at issue before a claim can be regarded as a success (HLB Kids......

  • Categories: Costs & Damages
  • Court Date: Monday, 19 August 2013
  • Court: Competition Appeals Tribunal
  • Area: UK

Ashley & Anor v Chief Constable of Sussex Police [2008] UKHL 25 (23 April 2008)

Self-Defence in Assault Claims must be based on an Honest and Reasonable Belief:The House of Lords held that, in order for a defendant to establish self-defence in response to a claim in tort for assault and battery, they must not only show that they honestly believed that they were in imminent dan......

Barker v Corus (UK) Plc, HL (Lord Hoffman, Lord Scott of Foscoite, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond) 3/5/2006; Times, May 4, 2006

Several liability of employers for negligent exposure to asbestos. Where employers were liable on the basis that they had negligently exposed an employee to asbestos and thereby created a material risk of mesothelioma which had eventuated, it would be fair that they should be severally liable only......

Brooks v. Commissioner of Police for the Metropolis & Ors [2005] UKHL 24 (21 April 2005)

Victims of crime: A victim of crime and eye witness to a murder could not proceed in claiming damages for negligence against the police for his treatment by the police. The Claimant argued that the police owed a duty of care to: (i) take reasonable steps to assess whether B was a victim of crime a......

Campbell v. MGN Ltd [2005] UKHL 61 (20 October 2005)

Costs and Human Rights: The scheme allowing success fees to be recovered from the losing party to an action for defamation was compatible withArt.10 of the European Convention on Human Rights 1950, therefore a defendant could not argue that the threat of liability to pay a large sum by way of costs......

Caribbean Steel Company Limited v Price Waterhouse [2013] UKPC 18 - 09/07/13

The valuation reports on a company prior to its acquisition were prepared to an appropriate standard. The expert evidence produced by the auditors was reasoned and exonerated them. The judge at first instance had not reasoned his rejection of that evidence which was preferable to that of the claima......

Corr v IBC Vehicles Ltd [2008] UKHL 13 (27 February 2008)

Coventry & Ors v Lawrence & Anor [2014] UKSC 46 - 23/07/14

The case arose out of a nuisance claim brought by the Lawrence and another (L) against Coventry and others (C, M & W). L inhabited a house near C's motorsports stadium. The Supreme Court had found C and M liable in nuisance. In the instant action the court considered the costs consequences ......

Gawler v. Raettig, unreported, HL, 13/6/07

George v. Eagle Air Services Ltd (Saint Lucia) [2009] UKPC 21 (12 May 2009)

Res Ipsa Doctrine Applies to Air Crashes:The Privy Council held that the maxim of res ipsa loqitur was potentially of great importance in plane crash cases owing to the difficulty of discharging proof in aviation matters. Although courts in the past had been reluctant to apply the maxim to air cras......

Gray v Thames Trains & Ors [2009] UKHL 33 (17 June 2009)

Harding v. Wealands [2006] UKHL 32 (5 July 2006)

The English court dealing with a personal injury claim in respect of a road traffic accident that occurred in New South Wales had to apply English law to the assessment of damages as a matter of procedure to be regulated by the law of the forum under the Private International Law (Miscellaneous Pro......

Horsford v Bird & Ors, PC(Ant)(Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance) 28/11/2006

In the circumstances, there were no factors which justified a departure from the normal expectation, set out in Chrulew v Borm-Reid & Co 1 All ER 953 and preserved by the CPR r.47.18(1), that the party whose bill was being taxed was entitled to his costs of the taxation. ......

  • Categories: Costs & Damages
  • Court Date: Tuesday, 28 November 2006
  • Court: Privy Council
  • Area: UK

Horton v. Sadler & Anor [2006] UKHL 27 (14 June 2006)

Where a claimant in a personal injury action had initially issued proceedings before the time limit had expired and had brought a second action in respect of the same injuries after expiry, the court could use its discretion under the Limitation Act 1980 s.33 to dis-apply the three-year time limit.......

JD v. East Berkshire Community Health NHS Trust & Ors [2005] UKHL 23 (21 April 2005)

Duty of Care: The subject of an investigation into suspected child abuse could not recover damages against the investigating health authority of that investigation was carried out in good faith but carelessly. The duty of care was different to that owed to the children by the health authorit......

Johnston v. NEI International Combustion Ltd [2007] UKHL 39 (17 October 2007)

Pleural Plaques do not Amount to Actionable Damage. The House of Lords held that symptomless pleural plaques caused by negligent exposure to asbestos were not actionable damage. Pleural plaques do not themselves cause asbestos related diseases, but they signal the presence of asbestos fibres that ......

Jones v Kaney [2011] UKSC 13, 29/03/2011

The Supreme Court held (by a majority) there was no justification (whether as a matter of public policy or otherwise) which justified the continued immunity of an expert evidence from suit in respect of the performance by that expert of his/her duties in court or for the opinions expressed in repor......

Majrowski v Guy?s & St. Thomas? NHS Trust, HL ( Lord Nicholls of Birkenhead, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood) 12/7/2006; Times, July 17, 2006; Independent, July 14, 2006

An employer could be vicariously liable in damages under the Protection from Harassment Act 1997 s.3 for a course of conduct by one of its employees that amounted to harassment in breach of s.1 of that Act. ......

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