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England and Wales decisions
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The High Court allowed a proposed all-spills causation amendment in Bille oil-spill litigation and granted permission for an aggravated damages amendment.
Given the genuine and substantive dispute on causation raised by the defendants, and the risk of overpayment if the defendants' position is accepted at trial, the claimant has not met the conditions for a further interim payment. The application is dismissed.
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The Commercial Court granted Nexedge permission to enforce a cross-undertaking in damages after a freezing injunction was discharged as wrongly obtained.
The Privy Council restored the trial judge’s decision, holding the Court of Appeal should not have overturned the 4.30 am finding or treated timing as proving causation.
Kyte v MclAren Automotive Ltd & Anor [2026] EWHC 1126 (TCC) (19 May 2026)
The High Court struck out inadequately particularised contract and negligence claims over a car fire, but allowed time to amend the pleadings.
The High Court struck out a vehicle fire claim for inadequate pleading, holding that the claimant had not sufficiently particularised breach, causation, or negligence.
Siem & Ors v Womble Bond Dickinson (UK) LLP [2026] EWHC 1168 (Ch) (18 May 2026)
Professional negligence claim dismissed after the High Court held WBD had not breached any duty in relation to warranty protections and retention advice.
Professional negligence claim against Womble Bond Dickinson dismissed after the court found no breach, no causation, and no realistic planning chance.
Liability trial in a clinical negligence claim. The court found the missed ECG monitoring caused a failure to diagnose paroxysmal atrial fibrillation and the claimant’s stroke.
Dakin v South Tees Hospitals NHS Foundation Trust [2026] EWCC 26 (12 May 2026)
The court held that an admitted failure to arrange ECG monitoring caused a delayed AF diagnosis, anticoagulation was missed, and the claimant’s stroke was due to that breach.
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