Content by Hollie Birkett

This webinar considers potential defendants for a claim arising out of a road traffic accident including: A post-Brexit update is also provided, and guidance given on foreign insurers using the Rome II Regulations. To view our blog ‘Identifying the Correct Defendant in RTA Claims’ by Kate Longson and Sarah Hopkinson please click here.

The appeal decision of Julian Knowles J in Après Lounge Limited v Wade [2023] EWHC 190 (KB) (judgment here) provides a useful reminder that the courts must not impose a counsel of perfection on defendants, who are required only to exercise reasonable care. The First-Instance Decision The Claimant brought a claim against the Defendant for…

Both s. 13 of the Data Protection Act 1998 (“DPA 98”) and Art. 82 of the General Data Protection Regulation (“GDPR”) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s. 168 of the Data Protection Act 2018…

In an attempt to modernise an oft-labelled ‘antiquated’ justice sytem, a view more compelling in light of the difficulties faced during the recent COVID-19 pandemic, Her Majesty’s Courts and Tribunals Service (HMCTS) has developed a programme of reform, which has been underway since 2016. The most recent measure to be introduced is the Damages Claims…

Findings of contributory negligence against passengers who fail to wear a seatbelt and those who voluntarily get into a car with a driver under the influence of alcohol or drugs are commonplace. This blog aims to set out the underlying principles for quantifying the appropriate deduction to make in either case and to consider the…

In The White Lion Hotel v James [2021] EWCA Civ 31 the Court of Appeal considered the ambit of the well-known authorities on ‘obvious risks’ in the context of occupiers’ liability, and the proper approach to section 2(5) of the Occupiers’ Liability Act 1957. Background HHJ Cotter QC at first instance gave judgment for the…