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3PB barrister and inquests specialist Susan Jones – who did a six-month secondment with the Inquest Team at London offices of Capsticks in 2015/2016 * – below reviews High Court judgment in R (Maughan) v HM Senior Coroner for Oxfordshire [2018] EWHC setting out that at an inquest, the balance of probabilities is the standard of proof required for a short form or narrative suicide conclusion. Lord Justice Leggatt giving the judgment of the Court...
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Earlier this month Tom Webb represented EUI Limited before HHJ Owen QC at the Nottingham County Court in an LVI road traffic matter. Following a full trial, Tom was successful in both having the claim dismissed and in seeking an enforceable costs order on the basis of the claimant’s fundamental dishonesty. On assessment, the costs were reduced by only approximately 1/8 of that claimed. Tom is a part of chambers’ PI team and one of...
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Luke Ashby outlines when it is reasonable to leave the EL/PL Protocol for the Personal Injury Law Journal. Click here to access the Personal Injury Law Journal's website.
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In Singh v 1. Takhar 2. Probus Insurance, Luke Ashby successfully defended a dishonest claim made against Probus Insurance. Luke was instructed by Zoe Alexander of Kennedys after the Claimant alleged he was injured in a road traffic accident. The Claimant said he was driving his vehicle in Gravesend when another vehicle (on hire from Hertz) travelled the wrong way down a one way street, pulled out from a side road and into the Claimant’s...
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In this edition of the Newsletter, 3PB brings you the following articles. Click here to read our newsletter. Henrietta Hughes, who recently joined the PI Team on successful completion of her 3rd six pupillage, summarises a recent Appeal in which the Claimant slipped on ice in an unmanned car park. No doubt litigators will see a rise in claims after the disruption caused by the Beast From The East and so the article should hopefully remind practitioners of some of...
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In recent weeks snow and ice have swept across the UK. The appeal case of Mr Ivor Cook v Swansea City Council [2017] EWCA Civ 2142 concerns a claim arising from slipping on the latter. To read Henrietta's analysis, click here. View Henrietta's profile here.
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In Nicholls v The Ambassador Theatre Group, Luke Ashby successfully defended an appeal and secured a finding that the Claimant reasonably exited the EL/PL Portal and should escape the associated costs regime.
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Gabriel Adedeji brings us up to speed on the decision in London Organising Committee of the Olympic and Paralympic Games (In Liquidation) v Sinfield [2018] EWHC 51 (QB) in which the Court gave guidance on the correct approach in relation to applications under s.57 Criminal Justice and Courts Act 2015. Click here to view Gabriel's analysis.
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Gabriel Adedeji reviews Joanne Dunhill (By her Litigation Friend Paul Tasker) v W. Brook & Co. (A Firm) and Justin Crossley [2018] EWCA Civ 505, a professional negligence claim brought by a Claimant after her claim was settled on the advice of her solicitor and barrister. Click here to view Gabriel's analysis.
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In her latest article, Sharan Sanghera provides a quick reminder of some important Part 36 Rules. Be sure to use her checklist when you are making Part 36 offers to avoid some of the more commonly made mistakes, which could lead to an offer being found invalid. Click here to read Sharan's article.
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Alice de Coverley considers the recent Court of Appeal decision in JOHNSON v UNIVERSITY OF BRISTOL (2017) (Civ) 17 October 2017 (unreported), concerning the Provision and Use of Work Equipment Regulations 1998 and the Workplace (Health, Safety and Welfare) Regulations 1992. To read Alice's article, please click here.
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Emma Waldron considers the Court of Appeal decision in Howlett (1) Howlett (2) v Davies (1) Ageas Insurance Ltd (2) [2017] EWCA, a case relating to fundamental dishonesty. To read Emma's article, please click here.
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