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You will carry on to let it operate since you stop by this next report. Nothing might have assisted them longer. Yes, in the event that you should be doing Math.
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A new pre-action protocol (available here) applicable to TCC claims comes into force on 9th November 2016 (the “Protocol”). The Protocol was released at a joint TeCSA and TECBAR event held in Court 26 of the Rolls Building on 2nd November which was chaired by The Honourable Mr Justice Coulson, Judge in Charge of the TCC.
This case (judgment here) is of particular interest since it is the latest in a developing line of authority that explores the scope of the principle in Marcic v Thames Water Utilities Ltd (2003) UKHL 66 (in Marcic it was held that common law liability of a statutory sewerage undertaker does not exist if its imposition is inconsistent with the statutory scheme for liability and enforcement under the Water Industry Act 1991). Continue reading
Late on 4 March 2015, the House of Lords approved the Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015.
The impact is immediate: from Monday 9 March 2015 new court fees will be payable for issuing claims to recover a sum of money.
The Court of Appeal yesterday handed down judgment in Aspen insurance UK v. Adana Construction Ltd  EWCA Civ 176, a case where insurers were seeking a declaration of non-liability under a policy of public and products liability.
Mr Chliaifchtein (the Claimant) owns No.10 Grosvenor Crescent in Belgravia. Wainbridge Estates Belgravia Limited (the Defendant development company) owns No.11 to 15 (which it is in the throes of re-developing to the reported tune of some £243 million).
On 8 December 2014, the Claimant applied successfully for an ex parte injunction preventing the Defendant from carrying out excavations close to the party wall shared with his property except in accordance with the party wall award (the Claimant complained that probing that day was not being carried out in accordance with the method statement forming part of the party wall award).
In Smith v South Eastern Power Networks  EWHC 2541, the Technology and Construction Court considered five tests cases relating to the liability of electricity distributors for fires caused by defects in their equipment installed in customers’ premises.
In Northumbrian Water Ltd v McAlpine Ltd  EWCA Civ 685, the Court of Appeal affirmed that there is no general rule imposing strict liability in respect of nuisance causing physical damage to property.
Although the defendant owed a duty of care to the claimant, it was found that it had not breached that duty, as the escape of concrete from land occupied by the defendant – and the consequent damage to the claimant’s sewer – were unforeseeable.
Daniel Crowley and Isabel Barter have written a short, introductory guide which considers causation, the latest developments in the Popi M line of authorities and the continuing relevance of Sherlock Holmes’ dictum in “The Sign of the Four.”
The guide, entitled “Causation: Sherlock Holmes, Submarines and the Hard Rock Cafe” is available here.