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Knowledgebase
Fundamental Dishonesty: To plead, or not to plead? That is the question.
On Friday, 12th April 2021, Master Davison handed down a reserved judgment in the case of Mustard v Flowers & Ors [2021] EWHC 846 (QB). The judgment provides useful guidance on the appropriateness of a speculative and/or contingent pleading of fundamental dishonesty in a defence. Facts The case concerned a road traffic accident. The Claimant’s […]
read moreA Wonderful Tribute to the Late HH Patrick Curran QC
Farrar’s Building was saddened by the news that His Honour Patrick Curran QC passed away on 16th March 2021. Patrick started his career as a pupil at Farrar’s Building and following a long and distinguished career at the bar and as a Circuit Judge returned to Chambers as an Arbitrator and Mediator. Please see attached […]
read moreThe man even killers are afraid of – Wales Online reports on the extraordinary career of Patrick Harrington QC
We recently highlighted the success of Patrick Harrington QC in prosecuting and convicting Tomas Carney of murder, in his first trial since a horrific car accident in 2020. Patrick has now given an interview to Wales Online which captures his wonderful life and amazing career. Please click here to read the article.
read moreMOJ Portal Dropout – Success in limiting Claimant to fixed Portal costs
In a recent success for defendants faced with claims which have been dropped from the MOJ Portal, DAC Beachcroft obtained an order that the Claimant be limited to fixed Portal costs, despite the matter continuing by way of Part 7 proceedings. The court also found that the Claimant had acted unreasonably in dropping the matter […]
read more‘Sport: Law & Practice’ – An Essential Title for all Sports Law Practitioners
Farrar’s Building is pleased to announce that the new Sport: Law & Practice is now available to buy. Christopher Quinlan QC co-authored the chapter ‘Disciplinary & other Internal Proceedings’ and reviews such as this from Prof Dr Ian Blackshaw suggest “No self-respecting Sports Lawyer…should be without a copy of this fine book!” To purchase a […]
read moreDeliberate concealment: Court of Appeal clarifies ss.32(1)(b) and 32(2), Limitation Act 1980
In Canada Square Operations Limited v Potter [2021] EWCA Civ 339, in relation to a claim for mis-sold payment protection insurance (‘PPI’), the Court of Appeal has provided clarity on the interpretation of s.32 of the Limitation Act 1980 (‘LA 1980’). Section 32 operates to disapply the primary limitation period where a fact relevant to […]
read moreAidan O’Brien successfully defends a cauda equina syndrome claim, valued at £2.3 million: Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB)
Aidan successfully represented the Defendant Trust in this complex cauda equina syndrome claim. The Claimant’s case was rejected in respect of breach of duty and causation. Background: 1.On 17 February 2015, the Claimant suffered a right side and central L5-S1 disc prolapse at work. As a consequence, the Claimant developed cauda equina syndrome (‘CES’). The […]
read moreUnsuccessful Personal Injury Counterclaims and QOCS
Introduction On 15th January 2021, HHJ Gargan, sitting in the County Court at Middlesbrough, handed down judgment in the case of Jim Sutcliffe v (1) Aftab Ali; (2) Aviva Insurance. Sutcliffe represents the latest Circuit Judge’s decision on the issue of whether a party who brings an unsuccessful counterclaim for damages for personal injury has […]
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