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Case reviews

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21 March 2017
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The initial date for the calculation of the two year statute of limitations stipulated in section 23 of the Insurance Contract Act for cases where there is a judicial claim.
16 March 2017
The High Court’s decision in the recent case of Ackerman v Thornhill and Others is noteworthy in the context of disclosure and settlement litigation.
8 March 2017
In judicial review proceedings, the Court agreed to quash a Financial Ombudsman Service decision (FOS) (that involved an applicant with cognitive problems) in circumstances where the Ombudsman provided insufficient reasons for departing from the relevant law regarding misrepresentation.
3 March 2017
The Court of Appeal upholds HM Senior Coroner’s decision not to proceed with a full jury inquest into the death of a patient in an intensive care unit (ICU).
27 February 2017
The court highlighted how a significant incurrence of costs can be avoided through open discussion and negotiation, as prescribed by the Court of Protection’s case management pilot.
16 February 2017
We have a clear binding judgment from the Court of Appeal which provides clarity to the travel industry. This is following the suggestion that strict liability applied to all-inclusive holiday sickness claims (Hutchinson and others v First Choice [2006], Kempson & Kempson v First Choice [2007], and Antcliffe and others v Thomas Cook [2012]).
7 February 2017
The court provided guidance on the relevance of evidence, in this case surveillance evidence, in relation to the claimant’s damages claim following an accident at work.
6 February 2017
The Court of Appeal has upheld the 2015 decision of the Commercial Court in respect of an insured’s obligation to notify insurers of “any event likely to give rise to a claim”. The Court of Appeal agreed that “likely to” means more than a 50% chance, and that there was no duty of enquiry on an insured to undertake a continuing assessment of possible claims.
6 December 2016
High Court holds that an adjudicator’s decision should not be enforced where a party had advanced factually inconsistent cases in two separate adjudications relating to the same project.
6 December 2016
High Court defines ‘defective product’ under the Consumer Protection Act 1987 in landmark case.
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