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Knowledgebase
Character evidence in Personal Injury claims
The recent case of Laughton v Shalaby [2014] EWCA Civ 1450 gives a reminder of the test for admissibility of bad character evidence in civil cases but also an opportunity to look at what types of evidence on credibility or bad character would be admissible and indeed useful in personal injury claims. The possible bad […]
read moreContributory Negligence
The Law Reform (Contributory Negligence) Act 1945 provides: “1. Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, […]
read moreConspiring to redefine conspiracy to defraud
Company directors who design and pursue a lawful transaction designed to remove from the company hefty future obligations do not conspire to defraud those who might be financially affected by their doing so. Furthermore, the High Court will not allow the exceptional procedure for preferring voluntary bills of indictment to be used when a prosecuting […]
read moreClaimant who concealed history of back injuries has claim dismissed
Jackson v Hertfordshire CC (16th, 17th & 29th October 2014) – Oxford CC Peter Freeman successfully defended a Manual Handling claim for damages for back injuries sustained during the course of escorting a child with severe cerebral palsy, who suddenly lifted his feet off the floor causing C to take most, if not all, his […]
read moreDilemma zone driver not negligent
Afouzar v First CentreWest Buses (2nd, 3rd & 23rd October 2014) – RCJ C attempted to cross a busy intersection via pedestrian crossings when he was struck by D’s bus, and sustained a severe brain injury; quantum was said to be very considerable but liability was tried as a preliminary issue. The lights for traffic […]
read moreJames Pretsell represents Teacher cleared of sexual misconduct
James Pretsell represented Mr H, a teacher, who was accused of sexual misconduct. Mr H is an accomplished sportsman and in 2013 was working as a PE teacher at a Sixth Form College. During the Easter holidays he went to a night club in the town where the College is located to celebrate a friend’s birthday. […]
read moreAli v Caton & MIB [2014] EWCA 1313
Ali v Caton & MIB [2014] EWCA 1313 John Leighton-Williams QC and Andrew Wille were acting for the Claimant and Cross-Appellant in the case. The Court of Appeal (Lord Justice McCombe giving the judgment) has unanimously upheld the judgment of Mr Justice Stuart-Smith who awarded the lump sum equivalent of c.£2.3m to a brain-damaged claimant […]
read moreA busy half term for Head of Chambers
On 4th June 2014, Patrick Harrington QC appeared at the Chester Crown Court (Robert Jay J and jury) to begin the defence of Charlie Beadell[1] who, with others, was charged with the murder of Zain Sailsman. The case involved a drug war in Macclesfield which had resulted in the stabbing to death of Sailsman on […]
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