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Wade v Turfrey, High Ct, 09/03/2007

Interim Payment Application:The court exercised its discretion and granted an application for an interim payment of £850,000 in an action for damages for personal injury. ......

Wagenaar v Weekend Travel Ltd [2014] EWCA Civ 1105 - 31/07/14

The Claimant had been injured in a skiing accident while on a package holiday organised by the Defendant. The Defendant denied liability and added her skiing instructor, the Third Party, to proceedings. The Claimant's claim was dismissed, as was the Defendant's claim against the Third Party......

Wain v Gloucestershire County Council & ors [2014] EWHC 1274 (TCC) - 02/04/14

No sanction imposed on party for filing costs budget one day late. The Fourth Defendant ('D4') filed her costs budget six days before the costs management hearing as opposed to the requisite seven. The Judge held that the breach was trivial; the Claimant had suffered no prejudice; the pa......

Wakefield v Channel Four Television Corp & Ors [2006] EWHC 3289 (QB) (21 December 2006)

Confidentiality Assurances not absolute. Assurances of confidentiality of medical records given to patients by the General Medical Council when it was investigating serious criticisms of a doctor could not be regarded as absolute, since, as well as being subject to the Civil Procedure Rules 1998 a......

Wakeling v McDonagh & Anor [2007] EWHC 1201 (QB) (25 May 2007)

The Highway Code and Contributory Negligence. Judge Mackie QC held that a breach of the Highway Code, if established, did not create a presumption of negligence, but was merely a factor to be taken into account when considering the issue. The defendant adduced evidence that suggested that the clai......

Wakeling v. Harrington [2007] EWHC 1184, Ch D, 15/5/07

Agreement between Claimant and Solicitor. An agreement between the Claimant and his solicitor concerning the amount of fees payable, which fees were ultimately to be paid by the Defendant under a costs order, had not amounted to a void contingency agreement, and on its proper interpretation, the......

Walid Khatib v Ramco International & 6 Others, CA (Ch), 18/05/11

The applicant appealed following the striking out of his claim for breach of an Unless Order. The CA held that the judge was not wrong in failing to go through each of the factors set out in r.3.9 and ticking them off and assigning them to one side of the balance or the other. Too rigorous an appro......

Walker & Ors v Burton & Anor [2013] EWHC 811 (Ch) - 19/04/13

Cross appeals against an order made by an adjudicator in a fell title dispute apportioning the total of solicitors' costs between parties contractually liable under a conditional fee agreement and those who were not. Held, inter alia: The general principle of equal apportionment of joint ......

Walker Residential Ltd. v Davis & Anor [2005] EWHC 3483 (Ch) (09 December 2005)

Costs & Part 36 Offers. Where a claimant had accepted a Part 36 payment in circumstances such that the provisions of CPR r.44.12(1)(b) operated, a deputy master did not have jurisdiction to deprive the claimant of a mandatory costs order in its favour. ......

Walker v Chruszcz [2006] EWHC 64 (QB) (30 January 2006)

Advice on Settlement. On the morning of the first day of a personal injury trial, having assessed the Claimant's likely performance in the witness box, Leading Counsel advised the Claimant to accept the monies that had already been offered. A moderately higher offer was obtained from the Defenda......

Walker v. The Royal College of Veterinary Surgeons (RCVS) (21 November 2007) [2007] UKPC 64 (21 November 2007)

Professional Conduct: Where a vet with an otherwise unblemished record had backdated the entries of two vaccinations by 14 days or less to save the animals having to recommence a vaccination programme the punishment of removal from the register was disproportionate in the absence of personal gain ......

Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) - 25 January 2013

The Claimant was injured in a road traffic accident whilst on holiday in France. He suffered severe injuries as a consequence. The Claimant returned home and issued against the French driver's insurer. The Claimant wished to adduce accountancy and employment evidence in support of his claim for......

Wallace v Follett [2013] EWCA Civ 146 - 07/03/13

The claimant in this matter suffered catastrophic injuries in a road traffic accident and came substantially to a settlement with the defendant's motor insurer. The settlement included provision for periodical payments. Two issues remained between the parties. Firstly, the defendant insurer wan......

Wands v Fife Council ? Kirkcaldy Sheriff Court, 5 August 2009

The Pursuer raised an action of damages against the Defenders for loss and damage to her physical and psychological health. She claimed that the Defenders directly, and the teaching staff for whom they were vicariously liable, had failed to protect her from bullying. The Pursuer averred that she......

Ward Hadaway v DB UK Bank Ltd (Ch) (unreported) - 11/11/13

Solicitors defending a professional negligence claim by a mortgage lender in relation to buy-to-let mortgage transactions were not entitled to disclosure of the lender's credit process guide in circumstances where they had not shown that the guide supported their case or damaged the lender'......

Warr v Walker [2013] Ch D (D. Alexander QC) - 07/05/13

The defendant had failed to respond to an application notice or to provide disclosure by a deadline that he had proposed. The Claimant successfully recovered half of the costs in making an application to strike out the defence unless disclosure was provided. ......

Watkins & Anor v Jones Maidment Wilson (A Firm) [2008] EWCA Civ 134 (04 March 2008)

In a claim for wrongful advice in respect of a building agreement, the claimants would if properly advised have had the chance to negotiate a better agreement. That chance was an immediate loss once the agreement was entered in to leading to a completed cause of action against the solicitors. There......

Watkins v Home Office & Ors [2006] UKHL 17 (29 March 2006)

Watson & Anr v Irwin Mitchell (QB) (11 March 2009)

Where allegations of professional negligence had been made in earlier proceedings which were stayed a second action should be struck out for abuse of process. ......

Watt v Tucker [2005] EWCA Civ 1420 (23 November 2005)

Court not bound to particular conclusion by expert evidence: In the context of an assessment of damages, a judge had not erred in reaching the conclusion that a reduction in a Claimant's working week was due to her personal injuries rather than personal choice, where evidence had been adduced from ......

Web Resolutions Limited v Derek Glen & Suzanne McIntosh ? Hamilton Sheriff Court, 9 November 2009

The Defenders/Appellants appealed against the Sheriff's decision to refuse their Reponing Note in an action raised against them under the Conveyancing & Feudal Reform (Sc) Act 1970. The Pursuers/Respondents wished to repossess the Defenders' property. Decree in absence had been granted again......

Webb Resolutions Limited v JV Ltd (t/a Shepherd Chartered Surveyors) [2013] EWHC 509 (TCC) - 14/03/13

Following a CMC in a professional negligence action against surveyors for mortgage valuations brought by way of an assignment there was a delay in drawing up the order of the court because one party sought to include in the order matters that had not been directed by the court and were at variance ......

Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB) - 20/01/14

Appeal against grant of an application served out of time to appeal an order for costs. Appeal allowed. Held: Although the power of the court to revisit a permission decision of a single judge made in the absence of one of the parties following a renewed application should be exercised sparingly......

Webb Resolutions Ltd v Waller Needham & Green (A Firm) [2012] EWHC 3529 (Ch) - 11/12/12

Departure from the normal consequences of Part 36. Where a defendant to a negligence claim had placed early emphasis on the need for disclosure of particular documents to enable it to assess liability, the claimant had acted unreasonably and against the spirit of the Pre-Action Protocol by refu......

Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch) - 11th December 2012

Pursuant to the acceptance of a Part 36 offer the court was asked to make an order as to costs where the claimant failed to comply with the Professional Negligence Pre-Action Protocol by refusing to disclose documents. Held: The normal order is that the claimant gets costs up to acceptance by ......

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