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Knowledgebase
CRU Provisions Found Non-Compliant with Insurers’ (Property) Rights Under Human Rights Act
Opening Comment Samuel Irving sets out below in some detail a decision of potentially great significance on Compensation Recovery Unit (“CRU”) payments made by insurers. A long standing complaint of insurers in personal injury and clinical negligence claims has been their liability for 100% of CRU notwithstanding, for a number of reasons, there being no […]
read moreStrike out application for abuse of process following Cable v LVI.
Tom Bourne-Arton was recently instructed by the first of three Defendants in an Employers’ Liability personal injury claim at the hearing of the Defendants’ respective applications to strike out the claim as an abuse of process. Although not known, this may well be the first successful application to strike out a claim as an abuse […]
read moreBusiness Interruption Insurance: The Supreme Court Considers the Decision in Financial Conduct Authority v Arch Insurance (UK) Ltd and others
The appeal against the High Court decision in Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) was heard by the Supreme Court last week from 16th November 2020 before Lords Reed, Hodge, Briggs, Hamblen and Leggat, and lasted four days. Background On 15th September 2020, judgment in the landmark […]
read moreWEBINAR: CPR Update 2019 – 2020
Date: 24 November 2020 @ 16:30 Duration: 1 hour Presenters: David Roderick In the latest instalment of the Farrar’s Building Webinar Series, we identify the most important recent changes to civil procedure and practice, and the development of tactically useful CPR case law throughout the key stages of a claim. For a recording of the […]
read moreCivil Standard of Proof Applies to Inquest Conclusions of Suicide and Unlawful Killing, Supreme Court Rules.
The Supreme Court last week handed down its much-awaited judgment in R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46. By a 3-2 majority, the Court held that in inquests the civil standard of proof applies to all short-form and narrative conclusions of suicide. The civil standard should […]
read moreGray v Thames Trains survives Patel v Mirza
Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 In Gray v Thames Trains Ltd [2009] UKHL 33, the House of Lords considered the case of a claimant who had killed a man whilst suffering from PTSD. It was held that he could not recover damages against the person who had caused the […]
read moreWEBINAR: Secondary Victims – ‘thus far and no further’ – the road to and from Paul v Wolverhampton
Date: 10 November 2020 @ 16:30 Duration: 1 hour Presenters: Michael Dougherty In the latest instalment of the Farrar’s Building webinar series, we review the secondary victim control mechanisms in Paul v Wolverhampton and the respective decisions of Master Cook and Chamberlain J. We analyse key factors and discuss which decision to prefer and which […]
read moreWEBINAR: Jurisdiction and Enforcement After Brexit
Date: 27 October 2020 @ 16:30 Duration: 1 hour Presenters: Andrew Peebles & Frederick Lyon In the latest instalment of the Farrar’s Building Webinar Series, we provide a brief analysis of the potential issues regarding jurisdiction and enforcement of judgments in England and Wales following the UK’s exit from the European Union. The talk considers a number of […]
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