NEWS/BLOG

Weighing up your options: The merits of pursuing a personal injury claim

You may have noticed that on our website and in our personal injury blogs / social media, we often use the phrase “Not sure if you have a claim? It can’t hurt to ask!”. Because we offer a free consultation before commencing any claim, we encourage people to give us a call or pop in and have a chat about the circumstances giving rise to your potential personal injury claim. We understand, however, that simply ringing up a stranger to talk about an injury may…

Prohibitory Injunctions

 The world of injunctions is a tricky one. There are various types, which include: Prohibitory injunctions; Mandatory injunctions; and Freezing injunctions We have looked at injunctions in more detail in a previous article. In this article, we will focus primarily on prohibitory injunctions. What is a prohibitory injunction? A prohibitory injunction is a court order which prevents someone from carrying out a particular act. Some examples of uses of prohibitory injunctions are: to prevent someone using confidential information; prevent a breach of restrictive covenant; or…

Employment case update: discrimination

Last week the Employment Appeal Tribunal (EAT) handed down judgment in Trayhorn -v- the Secretary of State for Justice UKEAT/0304/16.  In this case, the EAT considered whether or not a Tribunal had made an error in requiring evidence of group disadvantage in a discrimination claim relating to religion or belief. Indirect discrimination Indirect discrimination is defined under the Equality Act 2010 s.10(19).  An example would be where an employer applies a policy that would put people of a religion or belief at a particular disadvantage,…

Professional negligence: expert evidence

If you bring a professional negligence claim, you may need expert evidence to support your claim. This is particularly useful in cases where the alleged negligence relates to something technical. An expert witness should be able to give evidence to show: What the defendant did wrong; What a reasonable professional in the same circumstances would have done instead; and Potentially what loss was caused by the negligence. Expert evidence is not required as often in claims against solicitors and barristers. However, if you are bringing…

Overtaking Vehicles: A Liability Minefield

Imagine the scenario: you’re running late for a wedding, you’re still fifty miles away and you’re stuck in a queue of slow moving traffic behind a tractor. As you hit a straight bit of road, the temptation is to take a punt and overtake the lot… But what about the risks? What if a vehicle comes from the other direction? What if one of the vehicles in the queue tries to overtake at the same time? Or what if one of them turns right, or…

Formation of contract: Intention to create legal relations

A contract in English law is a bargain.  For a contract to be formed, the following five key criteria must be met. There must be: A valid offer; A valid acceptance of that offer; Consideration provided by both parties; (both parties must bring something to the bargain); An intention to create legal relations on the part of both parties; and Certainty of terms. This article concentrates on what is possibly the most overlooked key criteria; intention to create legal relations. What is ‘intention to create…

Professional negligence basics: causation and loss

As we have explained in our previous articles, there are a number of hurdles to get over before you can bring a successful professional negligence claim. That the professional owed you a duty of care; That the professional breached that duty of care; and That you have suffered loss or damage; and That loss or damage was as a result of that breach (this is also known as causation). Let’s look at causation and loss. Causation You will not have a professional negligence claim unless…

Challenging a will – case update

We have previously written about the principle of “testamentary freedom” – that is the right to dispose of your estate after you die as you wish.  Although an important principle, testamentary freedom is limited by the provisions of the Inheritance (Provision for Family and Dependants) Act 1975.  This legislation allows certain categories of people to apply to the court for financial provision if they believe that they have not been adequately catered for in the will of a deceased. This article looks at challenging a…