Is the court bound to accept uncontroverted expert evidence: Griffiths v TUI?

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Is the court bound to accept uncontroverted expert evidence: Griffiths v TUI?


In Griffiths v TUI (UK) Ltd[1] (judgment 07.10.21) the Court of Appeal considered the extent to which a court can refuse to accept uncontroverted expert evidence.  Uncontroverted here means “that there is… Read more »

CategoryArticles Author Bernard Doherty Date

X v Kuoni Travel Limited


The Supreme Court (“the SC”), following guidance from the Court of Justice of the European Union (“the ECJ”), has answered some controversial questions about the Package Travel, etc., Regulations 1992… Read more »

CategoryArticles Author Bernard Doherty Date

To plead or not to plead: when to plead fundamental dishonesty?


Does a defendant need to formally raise an allegation of fundamental dishonesty (‘FD’) in its pleaded case to obtain a finding of FD at trial? Since the Court of Appeal… Read more »

CategoryArticles Author Vaughan Jacob Date

E-scooters


You can barely move for e-scooters at present.  Whether they are on your local streets being trialled by various Councils across the land or being ridden (illegally) by the growing… Read more »

CategoryArticles Author Emily Formby QC, Daniel Laking Date

The Judgment in Swift v Carpenter: Accommodation Claims Revisited


What’s the issue? Injured Claimants who have a need for different accommodation brought about by their injury, and who are not in rented accommodation, are entitled to claim the cost… Read more »

CategoryArticles Author Shaman Kapoor, Daniel Laking Date

Illegality


On 30 October 2020 the Supreme Court handed down judgment in two appeals about the effect of illegality: Ecila Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 and Stoffel &… Read more »

CategoryArticles Author Judith Ayling QC Date

Insurance Law for Personal Injury Practitioners


Many personal injury practitioners may have overlooked and/or forgotten about the Insurance Act 2015 (“the 2015 Act”). However, since there is so often an insurer standing behind the defendant to… Read more »

CategoryArticles Author Edmund Townsend Date

Clipping the Wings of an Intermediary


With there being signs of a trend towards appointment of intermediaries to assist claimants in personal injury litigation, and with intermediaries appearing intent on exercising control over counsels’ questioning of… Read more »

CategoryArticles, News Author Geoffrey Brown Date

Intermediary served no useful role in personal injury case involving a vulnerable claimant (Morrow v Shrewsbury Rugby Union Football Club)


Emily Formby has contributed an article about the use of intermediaries during personal injury matters for the support of vulnerable witnesses. She reports on the conclusion that was drawn by… Read more »

CategoryArticles, News Author Emily Formby QC Date

Beware an early compromise in Fatal Accident Act claims (Emily Formby for FOIL’s Newsletter)


Members might have missed this short but important Judgment, from 19 December 2019. It raises an interesting point in relation to Fatal Accident Act Claims 1976 and chimes a strong… Read more »

CategoryArticles Author Emily Formby QC Date

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