Personal Injury Publications

3PB Publications

The latest decision of the Court of Appeal to consider the Mitchell principles for granting relief from sanctions, has endorsed their strictness: Oak Cash & Carry Ltd v British Gas Trading Ltd [2016] EWCA Civ 153. The guidance relates to the operation of those principles in the context of Unless Orders - by Louis Weston

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Michelle Marnham considers the question of when a claim is brought for the purpose of limitation following on from the recent decision of Dixon v Radley House Partnership.

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Andrew Perfect brings you up to speed on the implications of Gentry v Miller in which the Court of Appeal confirmed that the Denton criteria is to be used when making an application to set aside judgment under CPR 13.3.

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Andrew Perfect and Sharan Sanghera analyse the recent Supreme Court decision on collateral lies in insurance contracts. The Court by a majority held that a collateral lie is not subject to the fraudulent claims rule. The telling of a lie, if truly collateral to the claim being made, does not permit an insurer to refuse to pay. Lords Sumption, Clarke, Hughes and Toulson concurred, Lord Mance dissented. Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45

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