Travel Law Briefing – Bird strikes and extraordinary circumstances

The phenomenon of bird strikes is one that has plagued the airline industry for many years. Indeed, an American study on animal peril from 2011shows that 99,441 collisions between a plane and an animal had been reported since 1990. In 97.4 per cent of the…

Professional Negligence Briefing – Balancing probabilities and loss of a chance

It’s trite law that claims for lost litigation opportunities are treated as claims for a lost chance. Similarly, the claimant has to prove his case on the balance of probabilities. But how do these two propositions interact? And where should the line be drawn between…

Professional Liability Update – Construction negligence

The end of the year lends itself to a time of reflection, and similarly to case-law reviews.  As I pick which professional – from social workers to solicitors – to focus upon, I return to that reliable source of litigation: Construction.  2017 has been another…

Professional Negligence Briefing – Protecting buyers from identity fraud

Who bears the loss if you buy property but then find out that you have dealt with a fraudster? In three recent cases the courts have found that the seller’s solicitor, the buyer’s solicitor and the buyer themselves could be the party that suffers the…

TATLA Briefing – February 2017

I am afraid that, having resisted BREXIT for most of last year (if we pretend the referendum didn’t happen, it might just go away …) we have now decided to add our own editorial to the deafening echo chamber of BREXIT opinions. However, we approach…

Property Damage Briefing – Article 1 – Japanese knottweed (Nuisance)

Japanese knotweed (Fallopia japonica) was introduced into the UK from Japan in the 19th century as an ornamental plant, but has proved to be anything but an ornament in its non-natural environment. A rhizomatous perennial (i.e. one that produces underground stems), it is extremely invasive,…

Property Damage Briefing – Article 2 – The common enemy rule

The name of the rule comes from the case of R v The Commissioners of Sewers for the Levels of Pagham (1828) 8 B & C 355. Januray 2017 – Property Damage Briefing – Article 2 – The common enemy rule

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