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Case Update: Neil McBride v UK Insurance Ltd: Peter Clayton v EUI Ltd (T/A Admiral Insurance) (2017) [2017] EWCA Civ 144

This week the Court of Appeal handed down the latest guidance in relation to credit hire claims. The Court was specifically asked to clarify the approach that ought to be taken when comparing claims for credit hire which incorporate excess waiver fees…

Ben Rodgers on Another CoA decision on CICA claim for pre-birth injury

A father rapes his daughter and the daughter conceives a child. For the purposes of the CICA scheme, is the child a victim of the rape? The Court of Appeal says ‘no’: CICA v FTT and Y (by his litigation friend) [2017]…

Gurion Taussig on The Fundamental Importance of the Costs Budget: Merrix v Heart of England NHS Foundation Trust

Introduction

1. Since their introduction in 2013 as part of the Jackson reforms, costs budgets have introduced much earlier consideration of parties’ costs in civil proceedings than hitherto. The interplay between costs budgeting and subsequent detailed assessment of costs, however, has remained…

A vicious cycle: Holly Tibbitts reviews two recent cases involving cyclists injured in road traffic accidents

Despite recent investment in cycling infrastructure, Britain’s roads remain a dangerous place for cyclists. In the past week alone the Court of Appeal and the High Court have both handed down decisions in cases involving cyclists injured in road traffic accidents. What…

Helen Pooley reviews a Court of Appeal decision that reminds practitioners of the importance of the ‘Montgomery’ test

Background Facts

The Claimant child was born in January 2003. He had profound physical and cognitive impairment which had been caused by a brain injury which had occurred between 72 and 48 hours prior to delivery. An ultrasound…

Jaime McCracken on £250,000 – a large premium and then pay your rent late – what can go wrong?

Ahmad & Another v Leek (Personal Rep of Mr George William Leek (Deceased) & Another [2016] EWCA Civ 1351

Part II of the Landlord and Tenant Act 1954 provides security for tenants in that they are able to build a business safe…

James Byrne writes this week’s PI article on Surveillance

“Surveillance evidence has long been a legitimate weapon, when properly obtained and legitimately used, for a defendant to put a before a court that may demonstrate that a claimant’s evidence is false. Such evidence may show inconsistencies that are inexplicable by the…

Oliver Millington examines: Is parental consent necessary under section 20 of the Children Act 1989?

The recent Court of Appeal decision in London Borough of Hackney v Williams & Williams [2017] EWCA Civ 26 examines whether parental consent is necessary for accommodation of a child under section 20 of the Children Act 1989. This appeal resulted from…

Our specialist Court of Protection Team is Celebrating its First Birthday!

The Court of Protection Team at 9 Gough Chambers contains market-leading barristers who are also recognised in Personal Injury, Clinical Negligence and Public / Family law.

We therefore provide a unique perspective to issues relating to the welfare and decision making…

National guideline; standards of care

Consultant Obstetrician and Gynaecologist Mr Abdul H Sultan from Croydon University Hospital, Andrew Ritchie QC and Giles Mooney, wrote on “Obstetric anal sphincter injuries: Review of recent medico-legal aspects”.

The article was published on the Clinical Risk Magazine in association…

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