In Stanton v Callaghan [1998] EWCA Civ 1176, it was held that the immunity of an expert witness extended to protect him from liability for negligence in preparing a joint statement for use in legal proceedings. This rule was designed to ensure that witnesses were not deterred from giving evidence in court due the risk […]

In February 2001, the publisher of the Daily Mirror newspaper (‘MGN’) was sued by Naomi Campbell for breach of confidence and misuse of private information. At first instance, Ms Campbell was successful. The Court of Appeal overturned the decision in 2004 and subsequently, the House of Lords (as it then was) reinstated the first instance […]

In personal injury cases proceedings must be issued at court within 3 years of the date on which the injury occurred or, if later (for instance, where the injury is latent), within 3 years of the date that the injured person had the knowledge required in order to bring the claim (s.14A Limitation Act 1980).

This firm has made clear that it supports those parts of Lord Justice Jackson’s review of civil litigation costs (“the Jackson Report”) that are aimed at reducing the cost of civil litigation as a whole, whilst opposing those parts of the Jackson Report that are aimed at shifting the burden of what costs remain from […]

1. If you have a small claim against a financial services professional: Financial Ombudsman Service: www.financial-ombudsman.org.uk Part XVI of the Financial Services and Markets Act 2000: www.opsi.gov.uk/acts/acts2000/ukpga_20000008_en_19#pt16 2. If your insurer refuses a claim unfairly: Chapter 8 of the FSA’s Insurance Conduct of Business Sourcebook: www.fsahandbook.info/FSA/html/handbook/ICOBS/8/1 3. If you have a claim for less than £5,000: […]

The Third Parties (Rights Against Insurers) Act 2010 which received Royal Assent on 25.03.2010 has amended previous legislation governing the relationship between insurers and claimants. Its intention is to make it easier, quicker and cheaper to make a claim against the insurers of insolvent defendants. The previous Act required a claimant to establish an insolvent […]

The Financial Services Act 2010 received Royal Assent on 08.04.2010, being amongst the last few pieces of legislation rushed through parliament before it was dissolved. One of the most interesting and controversial parts of the bill had been the introduction of collective actions for consumers allowing them to bring American style class actions against financial […]

Irish insurer Quinn Insurance, which has a substantial London Market presence, has gone into administration, leaving their policyholders in a potentially precarious position. Solicitors may be particularly at risk. Quinn is reported to insure in the region of 2,000 firms of solicitors. However, if Quinn is removed from the Law Society’s list of approved insurers […]

Film finance schemes are back in the news for the wrong reasons, with HMRC investigating claims for tax relief by investors.  For our article on the problems facing investors from last weekend’s Financial Times, please click on the following link: http://www.ft.com/cms/s/2/74d48790-287c-11df-a0b1-00144feabdc0.html