The Discount Rate in Personal Injury Claims: What, Why and How

On 15th July 2019 the Government announced a change to the calculation of personal injury compensation. From 5th August the “discount rate” applied in compensation calculations will be raised from -0.75% to -0.25%. The announcement has been met with slight relief by those acting for Claimants and with displeasure from insurance companies who are, in Continue reading

Race Discrimination: Evidence & Inference after Royal Mail Group Limited v Efobi

The Court of Appeal has recently given judgment in Royal Mail Group Limited v Efobi [2019] EWCA Civ 18, Royal Mail’s appeal against the Employment Appeal Tribunal’s decision that, at first instance, a Tribunal had wrongly rejected Mr Efobi’s claim for direct race discrimination. The Court of Appeal’s decision has effectively restored the decision of Continue reading

A variation to the law of variations: The Supreme Court gives judgment in Rock Advertising Ltd v MWB Business Exchange Centres Ltd

Summary: In a case of potential relevance to anyone entering into a written contract, the Supreme Court has recently held that oral variations to such a contract may well be invalid. The case has wide reaching implications and changes the approach previously adopted by the courts. In its Judgment in Rock Advertising Ltd v MWB Continue reading

An increase for injury to feelings: the Vento Bands and compensation in discrimination claims

An employee alleging discrimination on the part of their employer (for example on grounds of disability) may ask the Employment Tribunal to make an award for compensation for “injury to feelings”. This is an award of damages aimed as a remedy for the hurt, humiliation and degradation suffered by the employee and will be considered Continue reading

Costs Budgeting in the Court of Appeal: Harrison v University Hospitals [2017] EWCA Civ 792

As any civil lawyer will know, a fundamental aim of the “Jackson Reforms” was to limit parties’ expenditure on costs in an attempt to keep the costs of litigation proportionate to the value and issues at stake.  Since 2013 parties in multi-track cases (generally speaking those with a value over £25,000) have been required to Continue reading

A Licence for Alms

The Court of Appeal has recently given its decision in the case of Watts v Stewart [2016] EWCA Civ 1247, and in so doing has provided a useful reminder of the distinction to be drawn between a lease and a licence.  The case is also a restatement of the Street v Mountford principle that the Continue reading

Setting Aside Judgment After Failing to Attend Trial: The Court of Appeal’s interpretation of CPR 39.3

Lawyers are repeatedly reminded of the need to comply carefully with the various (and often onerous) requirements of the Civil Procedure Rules. Any deviation from their path can lead to heavy sanctions for the defaulting party and a stern telling off in Court.  The Court of Appeal’s approach when considering the application of CPR 39.3 Continue reading