In this week’s Dekagram Dominique Smith examines a recent decision of the Court of Appeal considering and endorsing 90:10 split liability offers (contrary to the received wisdom following the decision of the High Court in Mundy v TUI [2023] EWHC 385 (Ch); and Robbie Parkin…
In this week’s Dekagram Kerry Nicholson considers whether there’s any way around a failure to serve an N510 form on time when issuing a claim, and Robbie Parkin examines a quite extraordinary case which looks set to rumble on through the courts for years to…
In this Dekinar, Roger André talk about the perils of expert evidence by discussing case law and duties of expert witnesses. Robert Parkin’s talk focuses on: – cases relating to the recoverability of credit hire charges as against third parties, – the enforceability of parts…
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…
This week poor preparation of witness statements drives Robert Parkin to exasperation; but his pain is our gain, because he’s been moved to provide us with a handy guide to what evidence should (and perhaps more pertinently) should not be included in statements. Meanwhile Dominique…
This week we bring important guidance on where to issue claims and when to consider whether a split trial might be appropriate – and consider a case in which the Court of Protection deftly sidestepped a tricky jurisdictional question, which remains outstanding for another day….
We hope to see as many of our readers as possible at the APIL International Injuries Conference on Friday 29th, which (naturally) Deka Chambers is sponsoring – so you may be assured of the highest level of merch, including some festive objets d’art provided in…
This week’s Dekagram features two warnings: the first relates to the wisdom or otherwise of relying on dishonest witnesses, never a good idea, whilst the second warns us of the consequences of failure to attend hearings, a more complex procedural area than you might at…
This week’s Dekagram brings to our readers’ attention an interesting Court of Appeal decision on incorporation of standard terms via website tickbox – the conclusion seemingly likely to favour those travel agents and tour operators who seek to argue in favour of such incorporation. There…
We woke to the news that the Icelandic authorities have warned of an imminent volcanic eruption, predicted to emanate from the Fagradalsfjall volcano, which has emitted around a thousand tremors since midnight. But those of us who remember the last European ash cloud have no…
In yesterday’s webinar, Robert Parkin considered the Damages Claims Portal and made suggestions as to the circumstances in which use of the DCP is mandatory, how to avoid this, and how to get out of trouble if mistakes happen. Practitioners are still finding themselves caught…
Use of the Damages Claims Portal has been fully operational and, in some cases, mandatory for nearly a year at the date of writing. In many cases, issuing or defending claims in the old-fashioned way will simply not work anymore. Practitioners are still finding themselves…
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