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News
Josh Hedgman overturns trial Judge’s finding that council had negligently positioned a signpost on a cycle path
Price v Oxfordshire County Council [2021] 7 WLUK 167 Josh Hedgman was instructed last year by Oxfordshire County Council to defend a claim brought by a cyclist who managed to ride his bicycle into a ‘battleship-grey’ signpost that sat in the middle of a shared pedestrian and cycle path. The signpost had been there since 1999 and […]
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Key points from X v. Kuoni [2021] UKSC 34 – Defendants’ Options Narrowed
In a unanimous judgment, the Supreme Court has sided with consumers in its final judgment in this long running case (X v. Kuoni [2021] UKSC 34). We have previously discussed this case in detail both following the interim decision in the Supreme Court (First Article) and following the judgment of the CJEU (Second Article). The […]
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Did the Equality Act 2010 make a substantive change to the burden of proof in discrimination claims? No, says Supreme Court.
Prior to the Equality Act 2010, anti-discrimination laws required the claimant to prove facts from which an employment tribunal could conclude in the absence of an adequate explanation, that the respondent had committed an act of discrimination. The Equality Act used a different language – leaving tribunals to determine if there were facts from which […]
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An Update on Small Claims and Whiplash Reforms
In March 2021 we anticipated the incoming changes resulting from both the whiplash and small claims personal injury reforms. That article can be read here. The changes came into force on 31st May 2021 and will apply to accidents which occurred on or after that date. The Whiplash Injury Regulations 2021 have been approved in […]
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New Guidance Published: How to Issue a Claim for Damages with ‘MyHMCTS’
On 23rd June 2021, HM Courts & Tribunals Service published guidance on how to issue a claim for damages with their new online case management tool, ‘MyHMCTS’. This comes after last month’s launch of the pilot scheme that will allow legal professionals to manage and progress the initial stages of certain civil damages claims online. […]
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Scope of Duty of Care – Khan v Meadows [2021] UKSC 21
Tom Emslie-Smith considers the recent Supreme Court judgment. Facts Ms Meadows visited her medical practice for advice on whether or not she carried the haemophilia gene, which can give rise to a hereditary disease. The doctor arranged a blood test of the kind that establishes whether or not the patient has haemophilia (not whether she […]
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The final recommendation of the Christopher Quinlan QC Safeguarding Review has been implemented by UK Athletics
New safeguarding policies and procedures have been implemented by UK Athletics and the four Home Country Athletics Federations. This marks the fulfilment of the six core recommendations of the Safeguarding Review led by Christopher Quinlan QC and administered by Sport Resolutions. The new safeguarding policies and procedures are set to bring heightened levels of safeguarding expertise […]
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Case update: Greenaway v (1) Parrish (2) Covea Insurance (3) MIB [2021] EWHC 1506 (QB)
As Sorcha Dervin explains below, Brexit continues to throw up interesting issues for the courts and Greenaway v (1) Parrish (2) Covea Insurance (3) MIB (“Greenaway”) is one example. The question was how the English court was to approach the meaning of the word “stolen” in relation to the Road Traffic Act 1988 and Directive […]
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