Publications by Area of Law


The hole in the costs regime for claims no longer continuing under the road traffic accident pre-action protocol

Barrister: Marcus Coates-Walker
Area of Law: Personal Injury 
Date: 
October 2016
Summary: Where a defendant makes an admission of liability but alleges contributory negligence (apart from a failure to wear a seat belt) a claim will no longer continue under the Protocol. If the parties settle before proceedings are issued, what are the fixed costs payable by the defendant? It will likely turn on the meaning of the phrase ‘agreed damages’. Does it mean the sum before or after a deduction for contributory negligence is made?

Download article: The hole in the costs regime for claims no longer continuing under the road traffic accident pre action protocol

Costs budgeting in personal injury claims

Barrister: Justin Valentine
Area of Law: Personal Injury 
Date:
October 2016
Summary: Justin discusses the inherent difficulties of costs budgeting and the on-going amendments being made to the scheme to try to make it work better. Costs budgeting was intended to bring both the procedural steps to be taken and the costs to be incurred in complex cases under the management of the Court. However, litigation is uncertain, unforeseen costs will and do arise and judges have shown little inclination to manage the steps to be taken, merely the costs. How is a solicitor to cope with these contradictions and what is the best approach to take in relation to revising a budget?

Download article: Costs budgeting in personal injury claims

One man’s inference is another man’s imputation: logic theory and legal practice in TOLATA 1996 claims

Source: Family Law
Barrister: Andrew Commins
Area of Law: Family Finance
Date: 31st October 2016

Andrew Commins provides an analysis of recent case law on the difference between inference and imputation in TOLATA judgments

View full article: One man’s inference is another man’s imputation: logic theory and legal practice in TOLATA 1996 claims

Contract law case law update – September 2016

Barrister: Nicholas Pointon
Area of Law:  Company and Commercial
Source: St John’s Chambers
Date: 1st September 2016
Summary: We hope you enjoyed the first edition of our contract law case law update in June. In this second edition we look at the landmark judgment of the Supreme Court on illegality in Patel v Mirza, the ECJ’s significant judgment on unfair contract terms in the latest Amazon case, the Court of Appeal’s recent observations on the effects of repudiatory breach in MSC v Cottonex Anstalt, and the High Court’s latest statements on the subject of good faith in the exercise of termination rights in Monde Petroleum v Westernzagros, before revisiting the subject of oral variations in the face of anti-oral variation clauses following the Court of Appeal’s latest decision on the subject in MWB v Rock Advertising.

Download June edition: Contract Law Case Law Update – June 2016
Download September edition: Contract Law Case Law Update – September 2016

Wills: At Your Disposal?

Barrister: John Dickinson and Natasha Dzameh
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 27th August 2016
Summary: John and Natasha have recently co-authored an article in the September edition of the Trusts and Estates Law and Tax Journal analysing the case of Amiee Shannon Steed (a Child by her litigation friend, Marilyn Joy Winn) v Christopher John Steed (2016). This was a two-day will construction trial heard in the Chancery Division of the High Court of Justice at Bristol District Registry by Mr Justice Newey. John and Natasha’s article details the key factors considered by the court in determining whether a disposition to an executor takes effect as a gift to the executor.

Download article: Wills: At Your Disposal?

Wills: At Your Disposal?

Barrister: John Dickinson and Natasha Dzameh
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 27th August 2016
Summary: John and Natasha have recently co-authored an article in the September edition of the Trusts and Estates Law and Tax Journal analysing the case of Amiee Shannon Steed (a Child by her litigation friend, Marilyn Joy Winn) v Christopher John Steed (2016). This was a two-day will construction trial heard in the Chancery Division of the High Court of Justice at Bristol District Registry by Mr Justice Newey. John and Natasha’s article details the key factors considered by the court in determining whether a disposition to an executor takes effect as a gift to the executor.

Download article: Wills: At Your Disposal?

Costs Law: A Practitioner’s Guide

Source: Wilmington Legal
Barrister: Patrick West
Area of Law:  Personal Injury
Date: 27th August 2016
Summary: Patrick is one of the author’s of the Costs Law: A Practitioner’s Guide, recently published by Wilmington Legal. Patrick’s remit was QOCS and fundamental dishonesty. This guide is essential reading for all legal practitioners who want to understand the impact of costs on their cases and clients. With contributions from a wide variety of recognised costs experts, it provides essential tips and guidance to help practitioners confront the complexities of the costs management regime, and prepare for future changes.

For more details or to purchase your copy, visit this page

Illegality: a new mess for the old one

Barrister: Nicholas Pointon
Area of Law:   Commercial Dispute Resolution
Source:  St John’s Chambers
Date: 9th August 2016
Summary: Nicholas has recently written an article about the recent Supreme Court decision on the subject of illegality, Patel v Mirza [2016] UKSC 42.

In March 2015 Nicholas presented a paper on the subject of illegality and the difficulties created by the locus poenitentiae principle which had, at that stage, recently been considered by the Court of Appeal in Patel v Mirza. Nicholas also discussed the approaches which the Supreme Court might have been expected to take when hearing the appeal from that decision. That paper can be read here. Since then the Supreme Court has heard the appeal and on 20 July 2016 delivered judgment.

It is a landmark judgment, significant both for the sweeping changes it makes to the principle of illegality and for the sheer depth of legal analysis exhibited in both the majority and minority judgments. Its ramifications go far beyond the doctrine of illegality and raise fascinating questions about the creation and development of judge-made law itself, offering an unusual insight into the jurisprudential mindsets of several key Justices.

The Crown Jewels Footnote

Source: Local Government Lawyer
Barrister: Philip Robson
Area of Law: Planning
Date: 29th July 2016
Summary: Philip Robson a member of our planning team, analyses an important High Court ruling on the operation of paragraph 14 of the National Planning Policy Framework (NPPF) in his latest article published by the Local Government Lawyer.

Download publication: The Crown Jewels Footnote

The Consumer Rights Act 2015 and personal injury litigation

Barrister: Justin Valentine
Area of Law: Personal Injury
Date: 
1st May 2016
Summary: The Consumer Rights Act 2015 (“the Act”) which came into force on 1st October 2015 is primarily a consolidating piece of legislation in the area of consumer protection although it does make substantial changes in some areas of consumer law, for example in relation to contracts for digital content.  This practice note is confined to the impact of the Act on personal injury litigation.

Download practice note: The Consumer Rights Act 2015 and personal injury litigation


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