Following the earlier case of Armstrong and O’Connor v First York (2005), some guidance in relation to dealing with “low velocity impact” (LVI) claims was first given in Kearsley v Klarfield (2005), where it was indicated that Claimants should offer access to their car for early examination and give early disclosure of relevant medical notes.

The long awaited Supreme Court judgment in the EL trigger litigation was handed down on 28 March. The Supreme Court found against insurers Excess, MMI, BAI and Independent and their interpretation of their policies. An injury was “sustained” or “contracted” when it was caused or initiated, even if only developed subsequently.

Advice or information; breach of trust and the pitfalls of joint tenancies.

Prepared by Neil Forsyth, team leader of our Credit Hire team, this guide is intended to assist insurers to handle and negotiate credit hire claims.

Mesothelioma and foreseeability of injuryIn Asmussen v Filtrona, the Court concluded that the Defendant could not have foreseen its workforce were at risk of injury from asbestos given the prevailing knowledge.

Insurer's decision to decline is overturned by the Court of appeal; Solicitors’ renewal season; and Scullion v Bank of Scotland Plc overturned on Appeal.

Disclosure of privileged expert reports; Apportionment of liability between motorist and pedestrian; No duty of care owed to person who took obvious risk; Liability of non-employer on construction project; and Costs consequences of accepting Part 36 offer prior to issue of proceedings.

Professional Indemnity coverage issues; Limitation: the accrual of a cause of action in tort; Address for Service on a Partnership; Fraud and confidentiality: opposing forces; and Immunity from suit abolished for experts.

Mesothelioma – test for causation in minimal single exposure cases; Resiling from admission of liability; Interest on costs; NIHL claims - Supreme Court says: "As you were"…; Duty of care owed by management of nightclub to guests; and Comparative liability of horse rider and car driver.

OLA and injury from slamming doors; Highway Authority’s liability: Acts of commission and omission; No liability on local authority for obstructed footpath; Balancing the risks against the benefit of the activity; Asbestosis and limitation; and Fraud on the up again! A £38billion cost to the UK.

Surveyors’ liability for negligent overvaluation; Part 36 offers; and Privilege: A brief overview.

Personal Protective Equipment Regs; Fatal injury caused by falling tree branch; Stress at work claim; Credit hire and Cancellation of Contracts made in a Consumer's Home etc. Regulations 2008; Limitation and re-issuing proceedings; and Protection from Harassment Act.