Changes to the CPR on service of documents

The Civil Procedure (Amendment) Rules 2008, which came into force on 1 October 2008, make changes to the Rules for service of the Claim Form and documents.

Drug addiction as contributory negligence

A prisoner who fell out of a top bunk bed due to a withdrawal seizure was not contributorily negligent in becoming addicted in the first place. (St George v Home Office).

Life expectancy and multipliers

Crofts v Murton involved various quantum issues including a lost years claim. The Judge departed from the usual method of calculating the multiplier for reduced life expectancy.

On the facts, ATE insurers were not liable for Defendant’s costs

In Samuel v Swansea CC, the Court held that ATE insurers who had cancelled a Claimant's policy could still be liable for costs, but in this case had not had sufficient control to have to pay the Defendant’s costs.

Forseeability of damage caused by cattle

A farmer was not liable when a running bullock struck the stay of a cable support pole causing a fire, and neither was the electricity company (Adams v Scottish & Southern Energy).

When can Loss Adjusters' fees be recovered?

In Cuthbert v Gair, the Court considered whether Loss Adjusters' investigation fees were recoverable as costs against an unsuccessful Claimant.

Success fee for claim settled on day of trial

In Sitapuria v Khan, the Court considered whether the fixed success fee applicable to an RTA claim which settled at the doors of Court but before the trial had in fact commenced should be 12.5% or 100%.