Claimant exposed to asbestos in school

In Willmore v Knowsley MBC, the Court of Appeal rejected an appeal against a mesothelioma claim brought by a former pupil allegedly exposed to asbestos at school.

Duty of care under OLA of occupier who did not know it owned land

It is not necessary to prove an occupier had actual knowledge of how land was used before those using the land could become visitors and owed a law duty of care under the Occupiers’ Liability Act. (Harvey v Plymouth CC)

Costs order where Claimant had exaggerated her injuries

In Widlake v BAA, the Claimant exaggerated her claim but still beat the Defendant's Part 36 so the right order in all the circumstances was to make no order for costs.

Limitation and s.33 discretion

In McDonnell v Walker, the Court of Appeal refused to grant s.33 discretion and reviewed the rules governing s.33 where there is forensic prejudice to the Defendant.

Recovery of costs securing funding

In Nat West v Kotonou, the Court reiterated the general principle that costs incurred in negotiating funding for proceedings could not form part of the costs of those proceedings

Damages for asbestosis and contributory negligence for smoking

In Horsley v Cascade, the Court looked at damages for a respiratory disability of 15% due to asbestosis with a background of heavy smoking.

Causation of second accident following leg amputation

A Claimant who lost a leg as a result of his employer’s negligence could also recover the additional loss caused by a fall, the cause of which claim was partly his fault (Spencer v Wincanton).

Review of civil litigation costs - Lord Justice Jackson

Lord Justice Jackson was asked to review the rules and principles governing the costs of civil litigation and to make recommendations to promote access to justice at proportionate cost. To prepare this report, he has reviewed case management procedures, researched costs and funding and compared the UK costs regime with those of other jurisdictions.