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Personal Injury Briefing - Abuse

ABUSE

2018 has started with an even greater degree of scrutiny upon abuse than ever before. Almost every corner of life is having light shone onto it in order to expose abuse. Naturally, not all allegations are meritorious, and even the dividing lines are being debated as to what is ‘acceptable’ behaviour and what isn’t, but the sheer scale of...

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Jenkins v Chief Constable of Essex Police – finding of gross exaggeration

Laura Johnson has successfully represented the defendant police force in a claim for in excess of £750,000 arising out of a knee injury sustained by a police officer who fell off her desk at work.  The background to the fall was a prank by a fellow officer who had hidden the Claimant’s mobile telephone in the ceiling void.  The Claimant alleged...

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Masterclass in Mediation on Advocacy

Andrew Goodman has been invited to give a Masterclass on Mediation Advocacy in April at the Mandela Institute, Witwatersrand University, Johannesburg on his forthcoming visit to South Africa, where he is being hosted by the General Council of the Bar of South Africa and the International Advocacy Training Council, where he is delivering seminars on written advocacy...

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CN v Poole Borough Council: Application for Permission to Appeal

The claimants have applied to the Supreme Court for permission to appeal against the decision of the Court of Appeal.  A detailed note on the Court of Appeal’s decision is available here.  The defendant’s solicitors have been told by the Supreme Court Registry that the application for permission will be placed before the justices for their...

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Enforcement of Adjudication Awards in Relation to Oral Construction Contracts. How Hard Can It Be?

Maurice Rifat comments on his recent success in the TCC in the case of Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC).

This was the third Act in the saga that is Dacy Building Services v IDM Properties LLP.

On 6th February 2018 the Judgment of Fraser J in the TCC was handed down in the which he upheld the adjudication award (Act 1) in favour...

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Francesca O’Neill successful in £5.5 million High Court strike out

Following on from Chambers’ success in the authoritative CN v Poole case, Francesca O'Neill was successful in persuading the High Court to uphold Master Eastman’s order to strike out this claim for damages of £5.5 million resulting from alleged breaches of the Human Rights Act. Master Eastman had held that the proceedings were an abuse of process and...

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Kimathi v Foreign Commonwealth Office Queen's Bench Division, [2017] EWHC 3379 (QB)

On 20 December Stewart J handed down a significant judgment on Parliamentary privilege in the on-going Kenyan Emergency Group Litigation: claims arising out of the “Mau Mau” insurgency between 1952 to 1960. The judge accepted the Defendant’s contentions that the test claimants could not rely on Hansard to prove that facts mentioned by a Member of...

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CN v Poole Borough Council - Briefing Note on the Decision of the Court of Appeal

CN v Poole Borough Council

Briefing Note on the Decision of the Court of Appeal

On December 21st 2017, the Court of Appeal handed down its judgment in CN v Poole Borough Council. This briefing note explains this decision, which is of importance to all those involved in litigating claims in negligence against local social services authorities, and considers its...

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