What constitutes a continuing private nuisance? Update 11th May 2023Continuing private nuisance, Environment, Legal principles, Limitation, Oil, Oil spillFOILJalla and another (Appellants) v Shell International Trading and Shipping Co Ltd and another (Respondents) (2023) UKSC 16
Fixed Recoverable Costs – the draft rules Update 10th May 2023Costs, Costs, CPR & Courts, Draft rules, Fixed Recoverable CostsFOILThe draft CPR rules to extend the FRC regime, to introduce Fixed Recoverable Costs (FRC) for most claims worth up to £100,000, have now been published, with a new Intermediate Track to be created for claims worth between £25k and £100k. A FOIL Update was published on 24 April setting out the provisions in brief. This Update looks behind the headline issues to consider the detail of the proposed rules.
Ethics of AI in Insurance – Article 2 Update 9th May 2023Ai, AI in Insurance, Ethics of AI, TechnologyFOIL
Legal advice: duty of care to third parties Update 3rd May 2023Breach, Causation, Clinical Negligence, Duty of care, Injury, Legal principles, NRAM (2018), Professional Negligence, Tax AdviceFOILMcLean and others v Thornhill (2023) EWCA Civ 466
Ethics of AI in Insurance – Article 1 Update 27th Apr 2023AI in Insurance, Ethics of AI, TechnologyFOIL
Vicarious liability reigned in Update 27th Apr 2023Akin to employment, Employers laibility, Employment, Legal principles, Vicarious liabilityFOILTrustees of the Barry Congregation of Jehovah's Witnesses (Appellant) v BXB (Respondent)
Implementation of the extended fixed recoverable costs (FRC) regime: October 2023 Update 24th Apr 2023Costs, CPR & Courts, Excluded claims, Extension of Fixed Recoverable Costs, Intermediate Track, Part 36, Policy wordings and principlesFOILThe CPRC has published draft details of the changes to fixed recoverable costs that will come into force on 1st October 2023, including the new Intermediate Track.
Extending Fixed Recoverable Costs (FRC) CPR (23)1 Update 13th Apr 2023Costs, CPR & Courts, Extension, Fixed Recoverable CostsFOILThe minutes of the Civil Procedure Rules Committee for 3rd March 2023 contain the following information in relation to the extension of FRC.
Westminster Legal Policy Forum: Next steps for Alternative Dispute Resolution (ADR) in England and Wales Update 5th Apr 2023Automatic referral, Digitalisation, Dispute resolution, Early Neutral Evaluation, Protocols and Portals, Small Claims Mediation Service, TechnologyFOILA number of eminent speakers looked at the future of mandatory dispute resolution in the courts of England & Wales and at the current position in Scotland.
Preparation of financial loss claims – an examination of various heads of claim Update 3rd Apr 2023Events, FOILFOIL Northern IrelandFinal presentation from Nicola Niblock and the event held on 21 March 2023
Part 36 and split liability offers Update 21st Mar 2023CPR & Courts, Legal principles, Part 36.17, Split Liability OffersFOILMundy v TUI UK Limited (2023) EWHC 385 (Ch)
Superior Courts – applications to strike out proceedings Update 15th Mar 2023CPR & Courts, FOIL, FOIL Event, FOIL Ireland, Strike-outFOIL Ireland
