Summary and background The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative. The Claimant’s claim under the unfair relationship provisions of the Consumer Credit Act 1974 related […]
We are delighted to launch the first in our series of short, bite-sized webinars, designed as an introduction to practical subjects for practitioners with less than 3 years’ experience improve their skills in personal injury litigation. The Autumn series of webinars includes: The RTA Protocol: Louisa Simpson Credit Hire – A Beginners Guide: Henry Hawkesworth […]
In this webinar, Lucy Plumpton mainly cover the topic of limitation, with a small section bringing together some tips for running personal injury claims well from the outset. This presentation is aimed at solicitors working on behalf of Claimants. Topics covered include: – Limitation a) Key points b) Calculating time c) Date of knowledge […]
Meseret Kumulchew v Starbucks Coffee Company UK Limited 2301217/2014 G The coffee giant found itself in hot water as the Employment Tribunal upheld complaints of discrimination on the basis of reasons arising from disability and failure to make reasonable adjustments, as well as sex discrimination, victimisation, and detriment for whistleblowing. Ms Kumulchew, the Claimant, was […]
Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94: Claimants will be entitled to recover costs on the indemnity basis where they beat their own Part 36 offer in personal injury cases which no longer proceed under the RTA Protocol (and will not be restricted to recovering fixed costs under r.45.29B and r.45.29C). Summary […]
This judgment from November 2015 is in line with a number of recent medical best interests cases which have emphasised P’s wishes and feelings. It highlights the importance and difficulty of ascertaining what those wishes and feelings might be, or had been at a time when P had capacity. M v N [2015] EWCOP 76 […]
The Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 continue to drive judicial despair and resignations from the lay bench. Lucy Plumpton addresses an issue which raises the prospect of further injustice for Defendants. Which charge should apply when a Defendant pleads to a summary-only offence in the Crown Court? My client had […]