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England and Wales decisions
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Seppings v Crampsie & Son Ltd t/a The New Inn Roughton [2026] EWHC 859 (KB) (23 April 2026)
Trial on liability only in a premises injury claim: the court found the pub breached its duty of care, but the claimant failed to prove causation, so the claim was dismissed.
CPR 45.24 did not apply as the claim would have exited the EL/PL Protocol due to denial of liability and contributory negligence; costs should be limited to fixed costs under Section IIIA of Part 45, not Portal costs; the judge erred in applying CPR 45.24 and failing to exercise discretion.
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T Wallis Smith Coggins LTD v Port of London Authority [2025] EWHC 2703 (KB) (31 October 2025)
The High Court held that Clause 5 of a 1979 business transfer agreement did not bar a contribution claim under the Civil Liability (Contribution) Act 1978.
The defendant was an occupier of the premises under the Occupiers’ Liability Act 1957 and breached its duty by failing to implement any inspection or maintenance system for the manhole cover, relying instead on the local authority which had no such duty. This breach caused the claimant’s injury. However, the claimant was contributorily negligent for crossing the unlit green at night without a torch, and damages were reduced by 50%.
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Ferguson v Royal Borough of Greenwich [2025] EWCC 30 (29 May 2025)
Appeal about costs after a personal injury trial. The court held the claimant’s pre-action valuation was unreasonable and upheld a fixed-costs outcome under CPR 45.
The High Court found Gail and Graham Hamblett guilty of contempt for false evidence about a doctored invoice used in a personal injury claim.
Suffolk County Council v Lyall [2025] EWHC 1032 (KB) (29 April 2025)
The High Court dismissed Suffolk County Council’s appeal, upholding damages for a slip on a boardwalk on a public right of way and finding a common law duty arose from the council’s positive act of installing it.
R&B Plastering Ltd v UK Insurance Ltd [2025] EWHC 719 (KB) (25 March 2025)
The High Court dismissed an insurer’s appeal in a contribution claim arising from a workplace fall, upholding findings on liability, contributory negligence, and rehabilitation costs.
Appeal against strike out of a personal injury claim succeeded on the CPR 3.4 issue; the court held the judge had applied a summary judgment approach.
Kasongo v CRBE Ltd & Anor [2023] EWHC 1464 (KB) (28 March 2023)
The High Court allowed an appeal against a strike out of a personal injury claim, holding that the judge had gone beyond the pleadings and assessed evidence.
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