Items starting with W

Fees charged by medical reporting agencies for supplying medical reports and records were recoverable as disbursements under the CPR r.45.10(2) provided that they were reasonable and proportionate. ......

Assessment of future loss of earnings claim. Where a judge was assessing an award for future loss of earnings in a personal injury claim, and it was clear that an expert who was instructed to give details of wage levels in the claimant's profession had made an inadvertent mistake in his conclusi......

Duty: Solicitors acting for a building society alone in respect of a mortgage had not owed a duty to a joint-tenant in respect of a forged signature put forward by her co joint- tenant. On the facts there had been nothing to give rise to any suspicion that there was a forgery. There was no causa......

The judge had been entitled to conclude that the negligent dispensing of the wrong contraceptive pill had not caused or materially contributed to the contraceptive failure and subsequent pregnancy of the Claimant. The case was not one in which the exception to the “but for” test identif......

The finding that a negligent delay by a GP in referring a child to hospital was not causative of permanent injuries because of a subsequent delay in diagnosis at the hospital was wrong on the law and the facts. The GP's negligence was a causative factor in the infant's permanent injury. ......

Hospital Trust Granted Summary Judgment In Clinical Negligence Claim Where Claimant Debarred From Relying On New Expert Evidence:-Judge Stockdale QC (sitting as a deputy High Court judge) granted the Defendant hospital trust summary judgment in respect of all outstanding issues in the underlying cl......

The Court of Appeal held that the judge below had erred, both in law and on the facts, to hold that the respondent GP's negligent delay in referring the appellant patient to hospital, and which hospital had negligently delayed the correct diagnosis of the patient's condition, had not been causative......

Principles applicable to assessment of damages. The court set out the principles applicable to the assessment of damages under the principle in Wrotham Park Estate Co Ltd v Parkside Homes Ltd (1974) 1 WLR 798. ......

In order to succeed in his application to set aside the judgment three preconditions had to be satisfied, namely that the applicant had not attended the trial for good reason, he had an arguable case on the merits and had applied to set aside the judgment promptly. If each of those three hurdles wa......

Costs order against publicly-funded litigants. A costs order was made against publicly-funded litigants where, but for costs protection, the court would have made an order against them in the context of an application under the Access to Justice Act 1999 s.11(1). As there was sufficient informati......

An action concerning the scope of a solicitor's authority to act in a conveyancing transaction. The pursuers sought damages on the grounds that their solicitors accepted a qualified acceptance on their behalf without instruction. The issues were first, whether or not there had been a breach of ......

No order for costs where claim discontinued. An application for discontinuance of a claim challenging a will was granted and no order as to costs made, as there was no evidence to show that the claimant had acted unreasonably or in bad faith in challenging the will. ......

The pursuer sought damages for spinal injuries suffered in a car crash in Romania. The defenders, an insurance company incorporated under Romanian law, were insurers of the car in which the pursuer was travelling at the time of the accident. The defenders formally admitted liability for the acciden......