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While priority measures are understandably focused on the threat to life and health, with governments around the world implementing quarantine and social distancing procedures, local and international trade and business has been and will continue to be affected in different and, often extreme, ways.
A roundup of recent court decisions raising issues relating to striking out proceedings against a dissolved company that was later restored, drawing adverse inferences in the absence of noise surveys, a defendant deprived of their defence as their expert was not available for trial, and a request to rely on expert evidence refused as courts applied the overriding objective.
A summary of key developments including an update on bereavement damages, consultation opened on dual discount rate, an overview of a new bill looking at the impact of a new parliamentary bill, the government response to the consultation on regulations requiring insurers to report on savings, an update on Scottish civil justice reforms and the Northern Irish discount rate.
Case review 2020-02-13
The defendant applied to set aside a judgment in default of defence. The issues were whether it was open to the court to enter a default judgment under Pt 12.3, where a defence had in fact been filed prior to the judgment, and whether an application to set aside judgment under the court’s discretionary powers, under Pt 13.3, should be treated as an application for relief from sanctions.
A roundup of recent court decisions raising issues in relation to the wrong treatment of the reasonable practicability test, the recoverability of the cost of alcoholism linked to a psychiatric condition and the erring of a judge’s assessment of damages in a food poisoning case.
Case review 2019-11-28
The law of vicarious liability continues to exercise senior judicial minds, as the courts re-configure the traditional approach to this subject to meet the demands, evolving working practices and social norms of the modern world. Two cases come before the Supreme Court this month and whilst we await the outcome we consider the potentially far-reaching ramifications for employers and insurers alike.
A summary of key developments including an update on recent changes to civil justice reforms, a consultation on financial redress for in-care victims and survivors in Scotland and an update on the Law Commissions consultation on automated vehicles.
A roundup of recent court decisions raising issues in relation to incidents that really are nobody’s fault, an application to withdraw an admission of liability, whether a tour operator is liable for the criminal acts of hotel employees, the impact of decisions in criminal proceedings and when is a path a highway.
A roundup of recent court decisions raising issues relating to a claim for ‘lost years’, allegations of unlawful air pollution levels, an acoustic shock appeal case, preferred funding methods for shortened life expectancy and a failed claim for occupational stress.
A summary of key developments including the Law Commission’s response to the AV consultation, government plans to regulate the fourth industrial revolution, the extension of the fixed recoverable cost regime, an update on the discount rate in Scotland, insurer reporting provisions and an awaited appeal to decide the extent of an employers’ liability for their employees actions.