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10 January 2025
Issue: 8099 / Categories: Case law , In Court , Law digest
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Law digests: 3 & 10 January 2025

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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