John Friel has been successful in an appeal to the Upper Tribunal in LW v Norfolk County Council (SEN)  UKUT 0065 (AAC) regarding the proper application of the powers of the First Tier Tribunal set out in section 9 of the Tribunals Courts and Enforcement Act 2007.
The TCC has handed down another landmark decision in relation to the new costs management regime, this time dealing with the “front-loading” of costs and the question of inappropriate caveats and assumptions in costs budgets. Michael Wheater appeared for the Third Party, EIC Limited.
On 23 February 2015, Mr Justice Warby handed down judgment granting the Defendants’ application for strike out/summary judgment following a day-long hearing of various applications in the case. The main issue was whether it was permissible to plead deceit in the Reply to Defence when the Particulars of Claim were advanced on the footing of negligence. David Lewis, who represented the defendants, provides a summary.
On 6 February 2014, HHJ Curran (sitting as a Deputy High Court Judge) allowed a claim for judicial review of the Office of the Independent Adjudicator following a three-day hearing and a 116 page judgment. David Lawson acted as Junior Counsel for the Claimant alongside Clive Newton QC, and Leon Glenister acted for three interested parties.
Charalambous and Karali v Ng and Ng  EWCA Civ 1604 answers the question of whether a landlord is subject to the sanctions and penalties for non-compliance in sections 214 and 215 of the Housing Act 2004 even though they were never required by the scheme to protect the deposit they hold. Brie Stevens-Hoare QC and Morayo Fagborun Bennett, who acted in this case, provide a summary.
Charles Bagot successfully defends High Court secondary victim claim for NHSLA.
Helena White succeeded in a strike out application against Sainsbury’s on behalf of the her client, an inventor of a modular car park system and director of the company with whom Sainsbury’s had contracted for the design and build of that car park, on the basis that he had not assumed a personal duty to Sainsbury’s.
John de Waal QC and his team successfully opposed Serious Fraud Office's application for a voluntary bill of indictment arising out of alleged fraud in a transfer of open cast coal mines to a BVI company.
This month saw success for Daniel Gatty and Lesley Anderson QC in the Supreme Court with its decision in the North East Property Buyers Litigation, which concerned residential sale and rent back arrangements but which is likely to have far wider ramifications. Daniel Gatty provides a summary explaining the case and its conclusions.
Jasmine Murphy acted in this case which highlights the risks and challenges for disabled passengers during air travel. Passengers with restricted mobility and wheelchair users are often at the mercy of others and tend to be more vulnerable to suffering injury during air travel.