Disputes and litigation Insights

Insights and opinions on the latest law, legislation and policies.

Insights
Duty of care, negligence and assumption of responsibility

When the Supreme Court reconvene for the Michaelmas term in October, public bodies will be keenly awaiting the judgments in...

Peter Wake
Peter Wake Partner

Insights
Surviving the 'POCA freeze'

Which party should bear the cost of complying with POCA? Mickaela Fox & Nicholas Medcroft examine the consent regime.

Mickaela Fox
Mickaela Fox Partner

Insights
Defeating subtle brain injury claims through a meticulous approach expert to medical evidence

Subtle traumatic brain injury claims are a thorn in the side of defendant insurers as they rely heavily on a subjective account of the alleged…

Michael Rogers
Michael Rogers Associate

Insights
Late acceptance of a Part 36 Offer does not automatically give rise to indemnity costs

Claimants have long argued that where a defendant accepts a claimant’s Part 36 offer outside the 21 day period, indemnity costs should flow.

Peter Forshaw
Peter Forshaw Partner

Insights
Damages payable by employer for preventing access to an employee’s iTunes library, AOL, LinkedIn and WhatsApp accounts

The claimant received damages for his employer’s negligent accessing of his internet accounts.

Roddy Macleod
Roddy Macleod Partner

Insights
Phantom Passengers and related claims pursuant to Section 57 CJCA 2015

Section 57 CJCA 2015 allows for claims to be dismissed where the claimant has been fundamentally dishonest in respect related claims.

Iain Davison
Iain Davison Partner

Insights
Historic sexual abuse in Scotland: psychological trauma could be an ‘exceptional circumstance’ for late compensation application

A First-tier Tribunal had failed to adequately assess whether the petitioner’s reasons for her delay in applying for compensation constituted…


Insights
Nothing to fear but fear itself

High Court confirms that fear alone is not a recognised personal injury and therefore it could not ground a claim in which the court had discretion to…

Peter Wake
Peter Wake Partner

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