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News
Geoffrey Williams QC avoids striking off for a Solicitor who admitted multiple acts of dishonesty
Geoffrey Williams QC acted for a Solicitor (“K”) in proceedings before the Solicitors Disciplinary Tribunal, heard in late 2021. A cash shortage on client account had arisen as the result of the actions of a former staff member of K’s firm. K did not report the matter to the Solicitors Regulation Authority and when confronted […]
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The Court of Appeal and Interim Payments: Buttar Construction Ltd -v- Arshdeep [2021] EWCA Civ 1408
Summary This was a personal injury claim in which the Court of Appeal considered arguments in relation to interim payments. The question for the court to consider was whether an interim payment should have been made against one of the Defendants. HHJ Bird, sitting as a High Court Judge in the Queen’s Bench Division, ordered […]
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Recollection versus Medical Records in Clinical Negligence
The recent case of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB) is an interesting Judgment dealing with an issue familiar to clinical negligence practitioners. John Brown reviews the decision which considers how a court is likely to approach a factual dispute between a witness’ recollection and a note made in a […]
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Blue Manchester Ltd v Bug-Alu Technic GMBH [2021] EWHC 3095 (TCC)
Summary An application to strike out the Second Defendant’s witness statements for non-compliance with Practice Direction 32 (“PD32”) and Practice Direction 57AC (“PD57AC”) failed. While criticisms were levelled at the witness statements in question, their failings did not warrant strike out. Further, the Claimant’s application for relief from sanctions failed. His Honour Judge Stephen Davies, […]
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Hannah Saxena successfully defends serious pedestrian claim for bus company
Hannah Saxena appeared for a bus company in a claim brought by a 22 year old female pedestrian who had been hit by a bus in London, after she walked out at a junction, without looking. The claimant sustained serious pelvic fractures and was claiming over £600,000 in damages. HHJ Baucher found that the bus […]
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Josh Hedgman successful on appeal to set aside costs order made in favour of the Claimant
Josh Hedgman was recently instructed to appeal an order for costs in the case in favour of the Claimant. The substantive claim involves an allegedly severe brain injury with issues relating to capacity. The Claimant applied to adjourn a four-day trial on the basis that his previous solicitor had let him down and had not properly […]
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Success for Peter Savory as he Defends a Substantial Credit Hire Claim
Peter Savory recently had success in defending a personal injury claim and associated losses, including a substantial credit hire claim. The claim was brought as a consequence of a road traffic accident and, having heard liability submissions, was dismissed by HHJ Duddridge. The Claimant had attended court with incomplete disclosure of financial documents relating to […]
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Care Claims, State Support and the Risk of Double Recovery
The Claimant is seriously injured, either in an accident, or as a result of medical negligence. He now has significant care needs, which are currently being met by the state. He includes in his claim the cost of a private care regime (very expensive) which he says he intends to set up as soon as […]
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