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Law digests: 3 & 10 January 2025

10 January 2025
Issue: 8099 / Categories: Case law , In Court , Law digest
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Compensation

Ali v HSF Logistics Polska Sp ZOO [2024] EWCA Civ 1479

This was an appeal regarding a claim for hire charges following a road traffic accident where the claimant’s car did not have a valid MOT certificate at the time of the accident. The court determined that the defendant’s ‘causation defence’—arguing that the claimant could not recover hire charges because the use of their car without a valid MOT certificate would have been illegal—was misconceived and effectively an application of the ex turpi causa doctrine without the required assessment of proportionality. The court held that the absence of a valid MOT certificate did not alter the fact that the claimant suffered inconvenience and a need for transport due to the defendant’s tort, which could be compensated through hire charges. The court ruled that denying hire charges based solely on the lack of a valid MOT would be a disproportionate response to the relatively minor nature of that offence.


Costs

Chaudry v AXA Insurance Plc [2024] Lexis Citation 3787

This judgment dealt with an application made by the defendant

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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