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The Dekagram: 1st September 2025
There seems to be a never-ending supply of judgments in which experts come in for criticism. This week is no exception, although as a change the judge in the latest case also criticised two of the defendants for failing to give evidence at trial, and…
The Dekagram: 26th August 2025
This week Tom Clarke addresses the Third Parties (Rights Against Insurers) Act 2010, a double edged sword if ever there was one – whilst, on the one hand, it can provide a lifeline for claimants seeking redress from insolvent defendants, it is not without its…
The Dekagram: 18th August 2025
This week we bring news from the gastric coalface; Dr Russell Wilcox examines a recent decision on appeal relating to a sickness claim. The judgment makes for illuminating reading, not least for the exploration of the parties’ expert evidence, and the pivotal role played by…
The Dekagram: 11th August 2025
There seems to have been a rash of cases involving criticism of expert evidence lately, and this week is no exception; Dominique Smith brings us news of yet another case in which an expert has been found wanting. Meanwhile, Robert Parkin tells us of more…
DHV v Motor Insurers’ Bureau [2025] EWHC 2002 (KB) and [2025] EWHC 2038 (KB): Quantifying Claims under Foreign Law
In a recent judgment Dexter Dias J has given guidance on the approach to be taken to the quantification of a road traffic claim governed by Spanish law; his comments on Recital 33 to Regulation (EC) No.864/2007 (“Rome II”) are however applicable to all foreign…
Split trials, preliminary issue trials and clear bright lines
The terms ‘split trial’ and ‘trial of preliminary issues’ are often used interchangeably. They do however play distinct roles: this article reviews the difference between them and provides a summary of the factors to be taken into account by a court when considering whether to…
The Dekagram: 4th August 2025
The Dekagram: 4th August 2025 This week John Schmitt brings you a further reminder that judgments must be adequately reasoned, but that the responsibility for eliciting adequate reasoning rests (at least partly) on the parties’ representatives. It would seem that the Court of Appeal takes…
Improper Pleadings and No Second Chance – Strike Out Where the Police Complied with their Human Rights Duty under Article 3
Julia Brechtelsbauer, instructed by Brittany Mooney of Bedfordshire Police Legal Services, represented the Chief Constable of Bedfordshire Police and successfully struck out human rights claim in the High Court pleaded at £6,000,000. Introduction The Claimant alleged “failure to investigate 2 crimes” from 2024 and 2023….
The Dekagram: 28th July 2025
In this week’s Dekagram Thomas Yarrow considers an issue which has been the subject of some considerable controversy ever since the changes to the jurisdictional rules wrought by Brexit; and provides us with a characteristically erudite summary of the arguments, which (to the editor’s eye)…
The Dekagram: 21st July 2025
This week Ben Rodgers considers how airline pilots are employed (or not); whilst Sarah Prager discusses a recent decision on discontinuance and costs. Casenote : Lutz v. Ryanair [2025] EWCA Civ 849 Aviation and shipping employers often use third party recruitment agencies to recruit crew. There…
The Dekagram: 14th July 2025
This week the team addresses two recent decisions on matters close to the hearts of all litigators: success fees, and striking out for defective service. Success fees are a matter of contract between lawyer and client, not a matter of costs inter partes In a…
The Dekagram: 8th July 2025
In the week the Hague Convention came into force, whilst the domestic courts heard an important appeal on Covid refund claims, Anirudh Mandagere and Tom Collins bring us all the latest news both internationally and nationally. And as always, members of Deka Chambers are at…
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