General liability newsletter July 2018

Published on 09 August 2018

The latest general liability news coming out of the courts.

This edition covers:

Claimant’s damages protected from successful co-Defendants’ claim for costs – provided no order for damages has been made

Whilst there remains some uncertainty regarding the application of Qualified One Way Costs shifting where a claim is settled against one of two or more Defendants, the Court of Appeal has provided some clarification to the situation where the Claimant agrees settlement terms with one Defendant and then discontinues the claim against others. Read more.

Claimant’s costs limited to fixed costs regardless of a Defendant’s late Part 36 acceptance

On 23 July 2018 the Court of Appeal decided in Hislop v (1) Perde (2) Kaur (3) Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726 that where claims are commenced under the pre-action Protocol for low-value claims, then it should only be in exceptional circumstances that the parties are able to escape the Part 45 fixed costs provisions that apply. Read more.

Fundamental dishonesty

On 24 May 2018 some guidance was provided by the High Court as to the distinction between dismissing a claim because the Claimant had failed to prove his case, and fundamental dishonesty. Read more.

The big slip

The High Court has also clarified in Santos-Albert v Ochi [2018] EWHC 1277 (Ch) (23 May 2018) that corrections to orders made under the “slip rule” set out in CPR 40.12 are not confined to minor errors. Read more.

Automated and Electric Vehicles Act 2018

On 19 July 2018 the Automated and Electric Vehicles Act 2018 received Royal Assent. It is noteworthy that if your car causes an accident when driving itself, you cannot blame the car. If your car is insured then your Insurer is liable. If you have not insured your car, then you are liable. It appears the days of being able to blame your IT for your problems are numbered. Read more.

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