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Acceptance of Part 36 offers – what happens if the offer made was a mistake?

Cases discussing Part 36 offers usually concern whether they were accepted after expiry of the relevant period, their withdrawal and the costs associated with their acceptance or rejection. But what happens if a party makes a Part 36 offer which they allege is a mistake, and that offer is accepted by the other side?

Recently, I appeared before DDJ Smith in ...

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Civil Liability Act 2018 receives Royal Assent on 20th December 2018

The news that the Civil Liability Act 2018 received Royal Assent on 20th December 2018 may have passed many by due to the Christmas Holiday period. Now that it is an Act of Parliament it is perhaps sensible to look more carefully at the terms of the Act to assess what areas may give rise to dispute as it comes into force.  

As a recap the Act is designed to...

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Kasikci v London Borough of Southwark & Others

Ella Davis has successfully represented the London Borough of Southwark in a claim alleging that it had breached a duty to place a homeless applicant in suitable temporary accommodation. 

The Claimant applied to the London Borough of Southwark (“the First Defendant") for temporary accommodation. The First Defendant discharged its statutory duty by...

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The Kenya Emergency Group Litigation concludes

After over 2.5 years of trial the Kenya Emergency Group Litigation (“KEGL”) has finally concluded. All claims against the UK Government (the Foreign & Commonwealth Office) have now been dismissed. Simon P G Murray of 1 Chancery Lane, [A member of the Attorney General’s A Panel of counsel] acted as one of the counsel for the Foreign Office.

On...

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Miller v The Metropolitan Police

Katie Ayres successfully defended the Metropolitan Police Commissioner in a multi-day Jury Trial before His Honour Judge Saggerson.

The Claimant, Mr Miller, brought claims for assault, false imprisonment and malicious prosecution against the Met Police arising out of an incident at a protest on 5 November 2012. The protest was the first of the annual Million...

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Inquest touching the death of Nigel Thomas Handscomb

This article was first published in the November AvMA newsletter.

Nigel Handscomb was a 65 year old gentleman with a history of bipolar disorder, which was managed well with lithium. On the 18th August 2017, Mr Handscomb visited his GP surgery, presenting with a history of dysphagia and vomiting which had lasted several days. Later that evening, he was not...

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GP practice principals not vicariously liable for religious activities of locum GP: Brayshaw v The Partners of Apsley Surgery

The High Court today dismissed a claim brought against the Partners of Apsley Surgery relating to the conduct of a locum GP, Dr Thomas O’Brien.  The claimant, a patient registered at the surgery, telephoned asking to speak to a doctor and was telephoned by Dr O’Brien, a locum GP working that day.   During their discussion, Dr...

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A tendency to physical abuse: Upper Tribunal clarifies scope of Equality Act in education context

This article was first published on UK Human Rights Blog, on 26th November 2018.

The Upper Tribunal decision in of C&C v Governing Body [2018] UKUT 269 (AAC) has provided important clarification to the scope of the Equality Act 2010 in an education context.

A 13-year-old boy, L, was excluded for physical violence at school. L suffered from autism,...

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