Liability
Find out more about DWF's employers and public liability team
No right to repayment of costs paid at Stage 1 of Portal process
Insurers are unable to recover the costs that they had paid on cases that were submitted to the Portal, but did not go any further than Stage 1. Delivering the judgment of the Court of Appeal in J C &…
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Surveillance footage: Good days and bad days
In a case where the extent to which the claimant had recovered from injury was in issue, the court concluded that a disparity between his appearance on surveillance footage and his presentation to…
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Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Historic abuse claims: When is late too late?
Paul Donnelly and Samantha Chambers acted on behalf of the Defendant and its insurers in Wilde v Coventry City Council (2017) – a historic abuse claim where HHJ Maloney QC refused to exercise…
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Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Animals Act: defendant not liable for facial injuries caused by horse
Giles Kellner reports on the successful defence of an employers' liability claim brought by a groom who suffered facial injuries after being kicked by a horse. The case involved careful consideration…
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Should there be sequential or simultaneous disclosure in credit hire claims?
Increasingly claimant firms in credit hire claims are seeking to vary standard small claims directions so as to provide for sequential exchange with, disclosure of the Defendant’s basic hire rate…
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Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Snow and ice: is the highway 'endangered?'
Katrina Boyd reviews the evidence in this recent successful defence for Oxfordshire County Council, focussing on the highway's duty under s.41 (1A) of the Highways Act 1980 to ensure, so far as is…
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Fundamental dishonesty finding in tripping claim
Alison Standfast reviews her recent successful defence of a tripping claim brought against Stevenage Borough Council. Alison draws out the significant credibility issues faced by the Claimant, leading…
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