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Court Overturns Earlier Decision and Finds that a CFA Can Be Assigned
An appeal at Liverpool County Court has overturned a decision that a conditional fee agreement had not been validly assigned. In Jones v Spire Healthcare (Appeal No 96/2015), Judge Graham Wood QC held that an insolvent firm of solicitors can validly assign its entitlement and responsibility under a CFA with a client to another firm of solicitors...to read the full article, please click here.
Personal Injury Claim Struck Out in First Fundamental Dishonesty Trial
In the case of Hughes, Kindon and Jones v KGM, at Taunton County Court an insurer has secured what is thought to be the first finding of fundamental dishonesty under section 57 of Criminal Justice and Courts Act 2015 (CJCA)...to read the full article, please click here.
Occupiers Must Clearly Warn Visitors of Dangers which are Not Obvious
The claimant had been visiting Carisbrooke Castle on the Isle of Wight when he fell and suffered a serious head injury. The claimant lost his footing, fell across a steep grassy slope, over a wall and down a sheer drop into a moat. The claimant brought a claim pursuant to negligence/ s.2 Occupiers Liability Act...to read the full article, please click here.
Forbes at Trial
Claimant Interfered with Trip Edge before Taking Photographs of Defect
The Claimant alleged that she tripped and fell on the raised edge of a paving stone.
At trial, the case focused on the nature of the defect and whether it was dangerous. Whilst it was accepted that the claimant had fallen, a dispute remained on which part of the defective flag stone she had tripped over and whether it constituted an actionable defect. There was much discussion over the unmeasured defect shown in the photographs and the angle of the camera...to read the full article, please click here.
Zombie Bootcamp: Zombies 1 – Claimant 0
The claimant was participating in a “Zombie Boot Camp” event operated by the defendant. The claimant alleged that as he ran through a doorway he slipped on an oily substance on the floor sustaining injury. The defendants insurers, Sportscover, following a thorough investigation contended that the claimant had actually tripped over a metal threshold of the door opening. The floor had been treated with sand and chippings to ensure that it was free of slipping hazards...to read the full article, please click here.