23 May 2023 Insight Litigation round-up May 2023 Miranda Whiteley brings to you a round-up of some recent litigation cases that may be of interest. Bookmark this page 3 min read
23 May 2023 Insight Novus actus – intervening acts as an element of causation In the tort of negligence and medical malpractice in particular, i's often easier to establish a breach of duty than it is to establish a causal link between that breach and the injury or loss claimed. That difficulty is compounded where the medical malpractice comes after an event, such as a road accident or injury at work, that has injured a claimant and put them in hospital for treatment that is meant to resolve, cure or mitigate their injury, but makes the situation worse. Bookmark this page 7 min read
23 May 2023 Insight Boycott-ed? What Witcomb means for date of knowledge and limitation defences Since 2011, Boycott v Perrins Guy Williams has been a key case concerning date of knowledge when considering limitation and various section 14 defences. Witcomb v J. Keith Park Sols may have made it even harder for defendants to strike out claims at an early stage. Are the courts becoming more reluctant to stop the claimants having their day in court? Bookmark this page 5 min read
23 May 2023 Insight Privilege – some good news for non-parties The recent decision of Al Sadeq v Dechert LLP provides helpful clarification and commentary on several key principles of legal professional privilege. Most significantly, the High Court determined that a non-party to litigation might be entitled to claim litigation privilege where they have a sufficient interest in the litigation. Bookmark this page 5 min read