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RTAs – protocol costsIf cases settle under the new RTA Protocol (for claims of no more than £10,000), then the difference between costs under the Protocol and costs under other regimes is minimal for lower-value claims.... |
Occupier’s liability – calvesA claimant was walking across a field in which there was a herd of cattle with calves (ranging in age from six to nine months). Since the original right of way had become overgrown ... |
Lease premiums – taxLease premium arrangements involve an employee paying for accommodation provided by the employer through a lease premium combined with a very small rent. Since the premium is not ‘rent’ the premium will not be ... |
Costs – potential counter-claimAn important costs principle is that the costs on liability are the costs of the main claim – as opposed to any counter-claim. What this means in practice is that defendant insurers who believe ... |
Costs – London solicitorThe costs of using a London solicitor may not be justifiable by a non-London claimant. As was recently said: ‘A reasonable litigant will normally be expected to investigate the hourly rates of solicitors whom ... |
Contract – developer’s profitA plumbing contractor caused a fire on a residential development, shortly before completion. The developer successfully sued in contract, arguing that he was entitled to damages based on loss of profit (through being unable ... |
Unfair dismissal – previous conductThe EAT recently held that an employer was entitled to take similar previous misconduct incident into account when deciding whether to dismiss. Importantly, no formal warning had been issued in respect of the prior ... |
Sentencing – control orders; human rightsA control order imposing a 16-hour curfew on D and requiring him to live 150 miles away from his family and home town deprived him of his liberty, breaching article 5 ECHR because of ... |
Commission – FoxtonsLast year, the High Court ruled that various commission clauses in Foxtons’ contracts with residential Ls were unenforceable. This was an important decision, since it was reckoned that there were some 15,000 letting agents ... |
Cohabitation – beneficial interestJudges must only depart from the principle of equal interests where there is clear indication of joint shared intentions to the contrary. In a recent case, the CA ruled there was a total lack ... |
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