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Knowledgebase
Update on our Head of Chambers, Patrick Harrington QC
We are delighted to be able to pass on the very good news received from Patrick’s wife, Susan today that that there has been some positive progress. The physio has been able to get Patrick sitting up with supports and he is holding his head up. He has spoken a few words and recognised Susan. […]
read more‘Accident’ within the Montreal Convention 1999 – steps provide clarification
A slip and fall on snow covered airline steps in Carmelo Labbadia -v- Alitalia (Societa Aerea Italiana S.p.A) [2019] EWHC 2103 (QB) was held to constitute an accident within the meaning of Article 17 of the Montreal Convention 1999. The judgment reviews relevant case law, and provides some clarification on the definition of ‘accident’ in […]
read moreSet Off in QOCS Cases – Where Are We Now?
This article will consider “set off” in QOCS cases following the recent decision of Mr Justice Turner in Faulkner v Secretary of State for Energy and Industrial Strategy [2020] EWHC 296 (QB). A link to the full judgment can be found here. What is set off and what is the issue in relation to QOCS? […]
read moreAlleged Failure to Give Safety-Netting Advice with subsequent Cauda Equina
Tim Found of Farrar’s Building acted for the defending NHS Trust in a medical negligence claim pleaded in excess of £7.1m. The claim arose after a diagnosis of cauda equina (incomplete) and subsequent discectomy. The claimant alleged that she should have received different safety-netting advice at a hospital attendance for back pain, 3 months earlier. […]
read moreResiling from an Admission – A Case Review
Fraser v London Borough of Brent Counsel Carwyn Cox, instructed by Kennedys Solicitors, successfully acted for a local authority in their application to resile from an admission of liability in a case heard in Medway County Court on 25th February 2020, arising from a tripping accident that took place on 4th June 2016. The case […]
read moreThe Reasonable Driver v. The Ideal Driver
Lee Evans of Farrar’s Building successfully represented a Defendant driver in a liability trial at Central London County Court last week. The key issues were: An elderly pedestrian stepped from the pavement and into the carriageway from between parked cars. The Defendant driver saw the Claimant step from the pavement and move between the parked […]
read moreRobert Golin in “Round 3” of Injunction Proceedings
Robert Golin has appeared again for CPA Consulting Ltd in relation to SV Croydon Ltd’s renewed application for permission to appeal. In terms of background, at a hearing in March 2019, Her Honour Judge Barber sitting in the Insolvency and Companies Court, refused SVC’s application for an injunction to restrain CPA from applying for SVC to be wound up. In the […]
read moreAidan 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 […]
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