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The ‘Illegality’ Defence rears its ugly head again.

Maurice Rifat comments on his success in the recently handed down decision of the Court of Appeal.

In the Judgment in Stoffel v Grondona [2018] EWCA CIV 2031 handed down on 13th September 2018, the Court of Appeal held that a solicitors’ firm was liable in negligence in failing to register their client's title to a property, even though the underlying...

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QOCS UPDATE - Three recent wins for defendants

Jeffrey Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654

The proper interpretation of CPR 44.14 with regard to: i) multi-defendant cases; and ii) Tomlin orders.

 

44.14

This provision permits a defendant in personal injury proceedings (which are governed by the QOCS regime) with a costs order in its favour to recover the amount of that order capped...

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RECOVERING COSTS FOLLOWING SETTLEMENT AND DISCONTINUANCE

In two recent appeal cases have clarified the position of a defendant wishing to recover its cost from a claimant following discontinuance.

In Cartwright v Venduct [2018] EWCA Civ 1654 the Claimant sued two defendants. The Claimant settled against D1 by way of a Tomlin order. The Schedule of the Tomlin order provided for D1 to pay the Claimant a global sum for...

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Damages in Motor Fraud Cases

In cases of proven motor insurance fraud there are a number of punitive measures which can potentially be visited upon perpetrators. Proceedings for committal for contempt remain the most powerful weapon in an insurer’s armoury for obvious reasons and because, it is the nature of such cases the prospect of the enforcement of any financial remedy may be...

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No crime without malice

In Rees & Ors v Commissioner of Police for the Metropolis [2018] EWCA Civ 1587, the Court of Appeal grappled with the question of whether a police officer had committed the tort of malicious prosecution where, as the trial judge found “…even if his methods are open to criticism, his motive was not”. Further they had to consider whether the...

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FCO defeats the first test claim in the Kenyan Emergency Group Litigation

Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 2066 (QB)

In what may be one of the longest civil High Court trials (223 days), on 2 August 2018, Stewart J handed down judgment in the first of 25 test cases to be heard to conclusion in the Kenyan Emergency Group Litigation. This claim consists of claims for damages against the UK by over 40,000...

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Article 2 Claim Arising Out of Police Shooting Successfully Defended: Joseph and others v Commissioner of Police of the Metropolis

Judgment has today been handed down by the Central London County Court following a seven day trial in claims brought by relatives of Mr Dean Joseph, who was shot dead by an authorised firearms officer of the Metropolitan Police in the early hours of September 5th 2014 in Islington. 

Mr Joseph was, at the time, holding his former partner at knifepoint, having...

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Inquest touching the death of Nigel Handscomb

The inquest into the death of Nigel Thomas Handscomb has concluded that neglect contributed to his death. Mr Handscomb died on the 21st August 2017 at the age of 65 at University Hospital Lewisham from aspiration pneumonia and bronchopneumonia. 

The Coroner found that there were several missed opportunities with respect...

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