Archived News from 2016

Retail

April

Claimant Fails to Prove Mechanism of the Accident

05/04/16

Davies v ASDA Stores Ltd Pontypridd County Court The Claimant alleged that she was shopping in the bakery section of the store when she bent down to pick up a pie from the bottom shelf; as she stood up and turned to put the item in her trolley, her foot is said to have caught on a piece of…

Man Walks Into A Door!

05/04/16

Smith v Co-operative Group Ltd Warrington County Court - DDJ Holligan The Claimant visited a store owned by the Defendant. He alleged that as he approached the automatic door at the entrance to the store that the door failed to open properly. The Claimant walked into the door just after it had…

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March

Vicarious Liability - Supreme Court Hands Down Long Awaited Judgments

08/03/16

The Supreme Court has today published its long awaited judgments on two cases: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 and Cox v Ministry of Justice [2016] UKSC 10. In the case of Mohamud v WM Morrison Supermarkets plc , the Supreme Court was asked to consider the test for vicarious…

Unbe-leaf-able Claims Fails

02/03/16

Naylor v Asda Barnsley County Court - DDJ Robinson The claimant alleged that whilst shopping she slipped on a single leaf in the foyer area of the store and sustained an injury. The Judge considered whether or not the system adopted by the defendant was adequate and reasonable. The Judge…

Civil Courts Structure Review - Interim Report Published

02/03/16

Lord Justice Briggs has published an interim report following his initial review into the future structure of the Civil Courts. The report is intended to accompany the HMCTS court reform programme currently being undertaken by the Ministry of Justice. The central assumption of the report is that in…

Part 36 Offers Trump Fixed Costs

02/03/16

After a number of conflicting decisions on this issue, the Court of Appeal has determined whether fixed costs apply if a claimant beats its own Part 36 offer under CPR 45 Section IIIA. In the appeals of Broadhurst v Tan and Taylor v Smith [2016] EWCA Civ 94, the respective RTA claims had fallen out…

Employers Liability - Kennedy v Cordia (Services) LLP

02/03/16

Kennedy v Cordia (Services) LLP (Scotland) [2016] UKSC 6 Mrs Kennedy was employed as a home carer. Her work involved visiting clients in their homes and providing personal care. In December 2010, at around 8pm, she was required to visit an elderly lady. There had been severe wintry conditions in…

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January

Civil Courts Structure Review - Interim Report Published

28/01/16

Lord Justice Briggs has published an interim report following his initial review into the future structure of the Civil Courts. The report is intended to accompany the HMCTS court reform programme currently being undertaken by the Ministry of Justice. The central assumption of the report is that in…

Insurance Fraud Taskforce - The Final Report

21/01/16

The Insurance Fraud Taskforce has published its much anticipated final report. The extensive report represents the culmination of the Taskforce's year-long review into insurance fraud. The report contains a number of targeted recommendations aimed at tackling fraud. The most notable recommendations…

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Retail

NEWS AND ARTICLES

Claimant Fails to Prove Mechanism of the Accident

The Claimant alleged that she was shopping in the bakery section of the store when she bent down to pick up a…

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