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Newsletters
Business Interruption Insurance: The Supreme Court Decision in Financial Conduct Authority v Arch Insurance (UK) Ltd and others
On 15 January 2021 the Supreme Court’s decision was handed down – for the judgment and summary see www.supremecourt.uk/cases/uksc-2020-0177.html We reported on 26 November 2020 on the hearing of the appeal and provided a summary of the issues and the background – see www.farrarsbuilding.co.uk/business-interruption-insurance-the-supreme-court-considers-the-decision-in-financial-conduct-authority-v-arch-insurance-uk-ltd-and-others The Supreme Court’s decision was largely a success for the FCA […]
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Aidan O’Brien successfully resists credit hire appeal – Putta v Royal Sun Alliance [2020] EWHC 117 (QB), heard on 28 January 2020, before Mr Justice Stewart
Aidan O’Brien was recently instructed on behalf of the Respondent to resist an appeal, in a claim involving £26,290 of credit hire charges. Facts: The Claimant was a self-employed PCO-licenced taxi driver. On 27 May 2016, his Mercedes E220 was damaged in an accident and was temporarily unroadworthy. The Claimant subsequently hired a replacement credit […]
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Court of Appeal Clarifies the Position of QOCS in Relation to Appeals.
Wickes Building Supplies Ltd v Blair (No 2) (Costs) [2020] EWCA Civ 17 The Court of Appeal has confirmed that the QOCS regime applies to appeals. Endorsing the decision of the High Court in Parker v Butler [2016] EWHC 1251 (QB), the Court held that in order to reflect legislative intention, the word “proceedings” in […]
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Josh Hedgman successfully defends property letting agent in brain injury claim following fall from locked gate
Josh Hedgman of Farrars Building Chambers was recently instructed to defend Savills UK Limited in a claim for serious injuries after a tenant fell from a 6 foot locked gate. Mr Perez had returned home to a Mews property that he rented from a private landlady. Together with the owners of the other Mews properties, […]
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Ho v Adelekun [2019] EWCA Civ 1988
Hot on the heels of Aldred v Cham [2019] EWCA Civ 1780, this week we have had another judgment from the Court of Appeal on the personal injury fixed costs regime in Part 45 – Ho v Adelekun [2019] EWCA Civ 1988. This time the Court was considering whether the terms of an offer ousted […]
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Tom Emslie-Smith explores the implications of Aldred v Cham
Aldred v Cham [2019] EWCA Civ 1780 The Court of Appeal has recently handed down judgment in Aldred v Cham [2019] EWCA Civ 1780, which concerns the disbursements that can be recovered in cases that start life under one of the pre-action protocols for low value personal injury (RTA, EL or PL), but which cease […]
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Joshua Hedgman secures release of deceased’s body following three-day High Court trial
Joshua was recently instructed in an unusual and very sad case concerning the body of lady who passed away as long ago as September 2018. The Deceased remained in HM Coroner for Westminster’s custody and had not been released for burial due to a dispute that had arisen between her daughters. Joshua represented the Deceased’s […]
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Nigel Spencer Ley secures £3.2 million damages in sight loss case
The Claimant, who in her 30’s and who has three young children, developed glaucoma in both eyes in July 2016. She was referred to Southampton Hospital for treatment. However, as a result of clinical and administrative errors she did not undergo the surgery which she required until February 2018. By this time she had lost […]
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