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Breach of Duty, Additional Liabilities, Relief from Sanction…

Posted on 2nd August, 2017

Daniel Alfredo Condori Vilca & ORS v (1) Xstrata Ltd (2) Compania Minera Antapaccay SA (FORMERLY XSTRATA TINTAYA SA) [2017] EWHC 1582 (QB 30/06/2017 – An extension of time could be granted to instruct new expert, without requiring disclosure of previous evidence, so long as there were no issues as to ‘expert shopping’ or any other reason to impose a condition that the party so disclose. 

Frederik Emojevbe v Secretary Of State For Transport [2015] EWHC 1523 (QB) 22/04/2015 – Even where medical evidence confirms unfitness to attend trial, this will not give rise to an order for summary judgment being set aside pursuant to CPR 39.3.

 

Lakhani & Anor v Mahmud & Ors [2017] EWHC 1713 (Ch) – Appeal against relief from sanction refused where party files budget one day late.

 

Lucy Diamond v Royal Devon & Exeter NHS Foundation Trust [2017] EWHC 1495 (QB) 23/06/2017 – Failure to examine abdomen post-operatively negligent, but failure to obtain informed consent not negligent as surgery would still have been undertaken.

 

June Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 28/07/2017 – For CFA’s pre 1 April 2013, success fees could continue to be recovered as costs and qualified one-way costs shifting would not apply even if the CFA was terminated and a second CFA was made.

 

STEVENSDRAKE LTD (T/A STEVENSDRAKE SOLICITORS) v (1) STEPHEN HUNT (2) STEPHEN HUNT (AS LIQUIDATOR OF SUNBOW LTD) [2017] EWCA Civ 1173 31/07/2017 –Judge wrong to hold that CFA with liquidator client had implied term that firm only paid out of litigation recovery.

 

Marsh v MOJ QBD 31/07/2017 – Some costs awarded on indemnity basis and additional awards made where claimant done significantly better than a Part 36 offer and paying party had refused mediation.

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