The 10th edition of the Commercial Court Guide (formerly Admiralty and Commercial Courts Guide) was published on 12 September 2017 and the amendments came into force immediately. The most significant amendments deal with electronic working, the introduction of the Business and Property Courts, increased emphasis on setting out what is ‘common ground’ between the parties,… Read More…
Although the trial judgment has yet to be handed down, Hannah Glover, a barrister at 3 Verulam Buildings, says the Pugachev litigation has given rise to a number of interesting interlocutory judgments.
This case involves a group of claimants who are seeking damages from Barclays Bank (the Bank) following alleged sexual assaults which took place during pre-employment medical examinations or in some cases during employment and were performed by Dr Gordon Bates in Newcastle.
Should the failure to obtain a patient’s informed consent to an operation lead to an award of damages above and beyond any other award of damages that might be made? Alexander Hutton QC and Nicholas Pilsbury, barristers at Hailsham Chambers, discuss the Court of Appeal’s decision in Shaw v Kovac and another. Before it’s here,… Read More…
Jerard A Knott, associate solicitor, head of medical negligence and serious injury at Curtis Law Solicitors LLP, Blackburn and Manchester discusses the recent case of Diamond v Royal Devon and Exeter NHS Foundation Trust.
The introduction of mandatory use of the new electronic bill of costs was due to start in October 2017. This has been postponed with the likely date being April 2018. This is to allow for the mandatory use of the new bill of costs to apply in the County Courts as well as the High Court.
In Deutsche Bank v Sebastian Holdings  EWHC 913 (Comm), Judge Waksman QC has refused to set aside or stay a court order dealing with detailed assessment of costs pending a decision of the European Court of Human Rights (ECtHR)—the appellant claiming his right to a fair trial had been breached. The judgment reiterates the issues the court will consider when determining whether to set aside or stay a court order and, in particular, considers the approach of the court where there are proceedings in the ECtHR.
The Ministry of Justice released the final version of the new pre-action protocol for debt claims on 21 March 2017 (Pre-Action Protocol for Debt Claims—in force 1 October 2017). It will come info force on 1 October 2017. Business creditors will need to revise their pre-action processes to ensure that they are compliant with the new procedure
The UK has been dubbed as ‘the whiplash capital of the world’, but Amanda Stevens, group head of legal practice at Hudgell Solicitors, points out that she is not alone in having little confidence in the new measures contained in the Prisons and Courts Bill aimed at tackling fraud.
From June 2017, the specialist civil courts are to be known as the Business and Property Courts of England and Wales, the Courts and Tribunals Judiciary (CJT) has confirmed. The new arrangements aim to preserve familiar practices and procedures while allowing for more flexible cross-deployment of judges. The Business and Property Courts will be the… Read More…