Liability
Find out more about DWF's employers and public liability team
False statements of truth made pre-litigation can give rise to contempt
The Court of Appeal has determined that committal proceedings for contempt of court may be brought by a party despite the fact that the statements of truth on which the committal proceedings were…
Read more
Costs: Court of Appeal quashes latest attempt to escape fixed costs
Simon Fisher considers the outcome of the latest attempt by claimants to escape the fixed costs regime in Ho v Adelekun (2019)
Read more
Covert recordings: reprehensible but relevant and probative
Covert recordings made by the claimant of medico legal examinations were deemed "reprehensible" but "relevant and probative" in the context of a "question mark" raised over the neuropsychological…
Read more
Discount Rate: Lord Chancellor sets rate at minus 0.25%
The Lord Chancellor has today announced the outcome of the first discount rate review under the new methodology provided for in the Civil Liability Act 2018.
Read more
The right time for fundamental dishonesty
The latest High Court decision on fundamental dishonesty is interesting for its consideration of the timing of the defendant's application, and the concept of "substantial injustice" in the context of…
Read more
No vicarious liability for Christmas party accident
It was only last year that the Court of Appeal considered the issue of vicarious liability following an assault after a Christmas party in Bellman v Northampton Recruitment Ltd (2018). This month, the…
Read more
Failure to establish fundamental dishonesty shows pitfalls to be avoided
The decision by HHJ Hampton in the Leicester County Court in Spencer Smith v Ashwell Maintenance Limited on 23 January 2019 just over a year after the LOCOG v Sinfield (2018) decision has raised more…
Read more
£6.6 million personal injury claim falls away due to fundamental dishonesty
DWF has obtained a significant reduction in a substantial claim for damages, raising arguments of fundamental dishonesty. Whilst the claimant had genuinely suffered a serious hip fracture, the…
Read more
DWF successfully defends claims brought against its client, Tonkolili Iron Ore (SL) Limited, relating to the unfortunate events which led to the injuries of 142 individuals in Sierra Leone
Turner J confirmed in a Judgment today that injured claimants had failed to establish liability in respect of any of the bases upon which they sought to bring their claims arising from injuries…
Read more
Court of Appeal finds vicarious liability for violence of managing director during aftermath of company's Christmas party
Earlier this month the Court of Appeal handed down judgment in Bellman v Northampton Recruitment Ltd (2018). Samantha Chambers and Paul Donnelly consider the implications of the judgment which…
Read more