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8 October 2020 Employers liability for practical jokes in the workplace

The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.

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8 March 2019 Landlord and tenant inspections - getting the evidence right

In Rogerson v Bolsover District Council (2019) the Court of Appeal found against a local authority landlord pursuant to the Defective Premises Act 1972 following a finding of an inadequate inspection regime.

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7 August 2018 Applying QOCS protection in a claim for personal injury and something else

In The Commissioner of Police of the Metropolis v Brown [2018], the High Court ruled that a Circuit Judge was wrong to automatically apply QOCS protection to a claim for misuse of data which also included a claim for personal injury.

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23 July 2018 Personal injury reforms delay

In May 2018 I prepared a blog entitled ‘small claims u-turn?’ after the Justice Select Committee called on the government to put the ex-Chancellor George Osborne’s plans to raise the small claims limit for personal injury claims and prohibit awards of general damages for minor soft tissue injuries on hold whilst the past five years of reforms are evaluated.

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18 July 2018 Risk warning: independent contractors

Various Claimants v Barclays Bank is a claim in vicarious liability arising from sexual assaults perpetrated by an independent doctor conducting health examinations on employees and prospective employees of Barclays Bank, on the bank’s behalf.

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18 July 2018 Vicarious liability and independent contractors

The Court of Appeal’s judgment in the case of Barclays Bank plc and Various Claimants has been handed down.

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27 June 2018 Valuing a claim following professional negligence

Mrs Jean Edwards v Hugh James Ford Simey (a Firm) (2018 EWCA) is an interesting case involving solicitor’s negligence in the bringing of a disease claim under a vibration white finger scheme against the Department of Trade and Industry by the estate of a former miner.

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1 June 2018 Court experts beware...

The case of Ruffell v Lovatt is a salutary tale of how a party’s expert’s evidence can unravel in court. The Judge severely criticised one of the Claimant’s experts, finding him ill-prepared and ill-equipped to give balanced and impartial evidence.

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4 May 2018 Video evidence... when to disclose?

We recently had cause to appeal a decision of a District Judge preventing us from relying upon video footage (even though he had described it as “pure gold”).

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4 April 2018 Local authorities being driven potty with potholes

The good news is that the Department for Transport is providing £100m to local authorities to carry out much needed repairs and this should provide some much needed respite.

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