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Knowledgebase
Court of Appeal confirms 10% uplift applies in ET
Back in July 2015 Robert wrote about the inconsistent EAT decisions as to whether the Simmons v Castle 10% uplift applies to awards made in employment tribunal discrimination proceedings, including awards for psychiatric injury and injury to feelings. This question reached the Court of Appeal in De Souza v Vinci Construction UK Ltd [2017] EWCA Civ […]
read moreAidan O’Brien successfully resists an appeal following dismissal of a credit hire claim, on the basis of fraudulent misrepresentation – Kadir v Thompson, 25 August 2016, Central London County Court, HHJ Luba QC
Aidan O’Brien was recently instructed by the Defendant and subsequent Respondent to an appeal, in a claim relating to credit hire charges in the sum of £21,653. At first instance, Aidan successfully argued that the Accident Exchange credit hire agreement was voidable on the basis of fraudulent misrepresentation and that the Claimant had elected to […]
read moreTom Bourne-Arton successful in having costs enforced following discontinuance
Tom Bourne-Arton succeeds in an application to have costs enforced, following a discontinuance, on the grounds of fundamental dishonesty. The case concerned a claim that the Defendant’s driver had overtaken the Claimant when it was not safe and had to cut back into his lane to avoid oncoming traffic. The photographs taken immediately after the […]
read moreHow regular is regular? The final word in Platt v Isle of Wight Council [2017] UKSC 28
The final round in the infamous case of Platt v Isle of Wight Council has now been decided. The result? It’s bad news for parents hoping for a cheap term-time hop to Disney and good news for local authorities and Head Teachers everywhere. The Facts This is the case in which a single father opted […]
read moreNigel Spencer Ley secures £3.3million settlement for cauda equina syndrome claim
Nigel Spencer Ley has secured what is believed to be the highest settlement in the UK of a claim for cauda equina syndrome. Damages were agreed at £3.3million. In 2011 the Claimant was a 33 year old vet. He presented at an Accident and Emergency Department complaining of symptoms of cauda equina syndrome. Despite suggesting […]
read moreTom Bourne-Arton successful in Court of Appeal case Elson v Stilgoe
Tom Bourne-Arton has successfully acted for the Defendant/Respondent in an appeal, heard by the Court of Appeal, against the decision to dismiss the Claimant/Appellant’s claim for personal injuries, loss and damage in a road traffic accident Facts The Appeal concerned a road traffic accident involving a cyclist that was passing stationary and/or slow moving traffic […]
read moreOut and about: Travel Law in a Post-Brexit Landscape
Current practitioners in travel law live in interesting times. On 16th March 2017 the Queen gave the European Union (Notification of Withdrawal) Act 2017 Royal Assent following overwhelming support for the bill in the House of Commons. As most readers will be aware this Act gave the Prime Minister the power to notify the EU […]
read moreClaims for Injury to Feelings do not benefit from QOCS protection
At a hearing in front of HHJ Melissa Clarke at Oxford CC, Huw Davies successfully obtained declarations on behalf of an Oxford College that damages for injury to feelings are not damages for personal injury for the purposes of CPR 44.13. Consequently, the Claimant’s claims brought under the Equality Act 2010 did not benefit from […]
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