In Jubilee Motors Syndicate v Volvo Truck & Bus (Southern) Limited (2010) Jubilee, a road traffic insurer within the meaning of the Road Traffic Act 1988, had been ordered to pay damages following the settlement of a claim against its insured (Volvo) by an injured third party. Jubilee thereafter instigated contribution proceedings against its insured under the Civil Liabiliy (Contrib... [Continue Reading]

  Section 33 and causation: Personal injury claims issued three years after the date of knowledge are time barred pursuant to section 11 and 14 of the Limitation Act 1980. However, it is often assumed that where a fair trial can still go ahead, the Court will most likely dis-apply the three limitation period and exercise its discretion under section 33 of the same Act. The cogency of the ... [Continue Reading]

In a judgment handed down on 21 January 2011, McKay J dismissed a claim for psychiatric injury suffered by the claimant during a protracted disciplinary process. The claimant alleged a large number of breaches of his employer’s duty to take reasonable care to protect his health and a breach of the implied term of trust and confidence. The judge applied the guidance in Eastwood v Magnox [2003... [Continue Reading]

A claimant beats his Part 36 offer and gets substantial damages for future losses. Under CPR 36.14(3)(a) he's entitled to "interest on the whole or part of any sum of money (exlcuding interest) awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date on which the relevant period expired" (emphasis added). Does any sum of money include future losse... [Continue Reading]

Barnes v Scout Association [2010] EWCA Civ 1476     Mark Barnes was a strapping 13 year old. He played rugby for his county. In Ward LJ’s words “he was the least likely boy to need wrapping in cotton wool”. But Mark was injured whilst playing a game called “Objects in the Dark” with his local Scout troop. This was rather like musical chairs. In... [Continue Reading]

Everett & Another v Comojo UK Ltd t/a the Metropolitan & Others: Liability of nightclub for assault   Judgment was handed down in the Court of Appeal on 18 January 2011 in the above case.  The case concerned an assault in a upmarket private members nightclub.  A waitress working in the club was allegedly assaulted by two patrons.  Another patron, and regul... [Continue Reading]

Ashford v Somerset County Council 22 November 2010, Yeovil County Court (Unreported)    Finger trapping case raises interesting questions concerning a School's duty to its pupils regarding doors  The Claimant was a 9 year old primary school student. His last lesson  was a drama class with around 15 other pupils. When the lesson ended, his teacher asked the class to line up... [Continue Reading]