Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015

The Court of Appeal reminded first instance judges that the decision to strike out a claim is a last resort, which should only occur after consideration of a two stage test in which showing an abuse of process is only the first step. Full judgment, dated 31 July 2020 Summary: C’s case had been struck …

Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696

The Court of Appeal gave guidance on the approach to the question of whether a way is a highway maintainable at public expense. Full judgment, dated 1 June 2020 Summary: C had tripped on a dangerous path in a public park, but D contended that the path was not a highway maintainable at public expense. …

Barclays Bank plc v Various Claimants [2020] UKSC 13

The Supreme Court gave yet more guidance on vicarious liability, this time in the context of independent contractors. Full judgment, dated 1 April 2020 Summary: This case involved sexual assaults committed by a medical examiner contracted by Barclays on an examination by examination basis. Lady Hale gave an overview of the recent law on vicarious …

Whittington Hospital NHS Trust v XX [2020] UKSC 14

The Supreme Court addressed the question of what the measure of damages should be for a woman’s loss of the ability to have children. Full judgment, dated 1 April 2020 Summary: R claimed, and had been allowed by the Court of Appeal, the costs of surrogacy arrangements in California which would be unenforceable in the …

WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12

NB: This is not a personal injury or clinical negligence case, but it concerns employers’ vicarious liability, which is highly relevant to both areas.  The Supreme Court gave guidance on the law of employers’ vicarious liability for the misfeasance of their employees. Full judgment, dated 1 April 2020 Summary: The Court of Appeal had upheld a …

Mario Schembri v Ian Marshall [2020] EWCA Civ 358

The Court of Appeal addressed the appropriate approach to causation in a medical negligence case where a particular mechanism for a positive outcome could not be proven. Full judgment, dated 10 March 2020 Summary: The court was presented with a case where, had the Appellant not failed to refer the deceased to hospital, she would …

Kevin Cowley v L.W. Carlisle & Co Ltd [2020] EWCA Civ 227

The Court of Appeal upheld a strike-out of a claim against a non-existent company and gave guidance on how an insurer of a dissolved company should proceed if faced with a claim without a concurrent application to restore. Full judgment, dated 25 February 2020 Summary: A had pursued R for damages for noise-induced hearing loss …

London Borough of Haringey v FZO [2020] EWCA Civ 180

The Court of Appeal upheld a decision in a historic sex abuse case concerning issues of limitation, consent, vicarious liability and causation. Full judgment, dated 18 February 2020 Summary: R had been sexually abused by A’s teacher in the 1980s. A appealed findings that (i) the limitation period should be disapplied, (ii) the sexual activity …

Wickes Building Supplies Ltd v William Blair (No. 2: Costs) [2020] EWCA Civ 17

In the second case arising from these proceedings, the Court of Appeal gave guidance on the application of fixed costs and QOCS to the costs of appeals. Full judgment, dated 21 January 2020 Summary: The Appellant had previously succeeded before the Court of Appeal and applied for an order for its costs against the Respondent. …

Ho v Adelekun [2019] EWCA Civ 1988

The Court of Appeal gave further guidance on which costs scheme will apply where are disputes over the same and, consequently, the approach that should be taken when drafting settlement orders. Full judgment, dated 19 November 2019 Summary: The parties to an RTA protocol claim now running on the fast-track with fixed costs, settled the …