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Personal Injury Analysis: Burden of Proof in personal injury is on Claimant

 

Angus Piper discusses the decision in Carter v Kingswood Learning and Leisure Group Ltd [2018] EWHC 1616 (QB), a reminder of a Claimant’s obligation regarding the burden of proof in personal injury claims, in an article first published on Lexis®PSL Personal Injury on 9 July 2018. Please click here for the article. 

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Supreme Court: James Bowen & Others -v- The Commissioner of Police of the Metropolis [2018] UKSC40

The Supreme Court has unanimously allowed the appeal in James-Bowen (and Others) (Respondents) v The Commissioner of Police of the Metropolis (Appellant) [2018] UKSC 40.

The Commissioner (Appellant) was represented in the Supreme Court by Andrew Warnock QC and Lisa Dobie. The Supreme Court held that employers / quasi employers do not owe a duty of care to their...

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Supreme Court: CN & GN v Poole Borough Council

Today (16th July 2018) The Supreme Court will begin hearing the appeal in CN & GN v Poole Borough Council. This is scheduled for one and a half days.

The defendant is represented by Edward Faulks QC, Paul Stagg and Katie Ayres, instructed by Rob Hams of Wansbroughs.

This appeal will consider the issue of whether the case of D v...

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Network Rail Infrastructure Ltd v S Williams & R Waistell

The Court of Appeal has confirmed that damages are recoverable in nuisance for the encroachment of Japanese Knotweed on the neighbouring land.  Nicola Atkins acted as a junior counsel (led by Stephen Tromans QC) for the Second Respondent homeowner in an appeal brought by Network Rail.

You can read the full judgment here

 

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£multi-million personal injury claim dismissed by Foskett J

Pauline Carter v Kingswood Learning and Leisure Group Limited [2018] EWHC 1616 (QB)

Angus Piper of 1 Chancery Lane represented the successful Defendant (Kingswood), whilst the Claimant (Mrs Carter) was represented by Simeon Maskrey QC and Richard Baker.

After a liability-only trial which lasted for a total of 4 days in the QBD, Mr Justice Foskett this morning gave...

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Kimathi & Others -v- Foreign and Commonwealth Office [2018] EWHC 1305 (QB)

The High Court has firmly rejected the contention, advanced in the ongoing Kenyan Emergency Group Litigation, that fear without more is capable of being an injury so as to bring a claim within the ambit of the discretionary disapplication of the time bar provisions contained in sections 11 and 33 of the Limitation Act 1980. Simon Murray is part of the counsel team...

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Court of Appeal decision on Imposter Fraud

The Court of Appeal has today handed down judgment in the long-awaited conjoined appeals of P & P Property Ltd v Owen White & Catlin LLP and Dreamvar (UK) Ltd v Mishcon de Reya. It is not good news for conveyancing solicitors and their insurers.

Each case involved a fraudulent property transaction carried out by an imposter who had stolen the identity of...

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Kimathi v Foreign and Commonwealth Office [2018] EWHC 1070 (QB)

Queen's Bench Division, 09 May 2018

Interlocutory judgment on the application of parliamentary privilege in the ongoing Kenyan Emergency Group Litigation. Simon P G Murray acts for the Foreign Office.

http://www.bailii.org/ew/cases/EWHC/QB/2018/1070.html

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