Crofton v National Health Service Litigation Authority [2007] EWCA Civ 71 (08 February 2007) The appellant was born on 10 July 1979. A few days later, it was suspected that he had a condition known as coarctation of the aorta. He was referred to the Royal Brompton Hospital (the institution no...
Case Report Kosmar Villa Holidays Plc v Trustees of Syndicate 1243 [2008] EWCA Civ 147 (29 February 2008) The primary issue argued on this appeal concerns the difference between waiver by election and waiver by estoppel. Can breach of a condition precedent in a claims notification clause in an insurance p...
Case Report Allison v London Underground Ltd [2008] EWCA Civ 71 (13 February 2008) This appeal lies from a decision of His Honour Judge Cowell sitting in the Central London County Court on 25 January 2007. It involves consideration of the construction of Regulation 9 of the Provisio...
Case Report Dunlop Haywards (DHL) & Anor v Erinaceous Insurance Services Ltd & Ors [2009] EWCA Civ 354 (28 April 2009) In these proceedings, which are still at an interlocutory stage, a producing insurance broker has been sued by its client in negligence and breach of contract for failing to obtain for its client the ...
Case Report Kenneth Elliot & Rowe (a firm) v Gallagher [2009] EWCA Civ 69 (26 January 2009) We have before us an appeal from the decision of HHJ Latham given on 17 May 2007 whereby he entered judgment for fees in favour of a firm of solicitors, Kenneth Elliot and Rowe, whom I shall call...
Case Report