Author Archives: Robert Welch

Plagiarism – University Senate Disciplinary Committee finds “No Case to Answer”

A finding of plagiarism and/or misconduct in research can lead to serious penalties including being expelled from your university course. Recently I was before a Student Senate Disciplinary Committee panel representing a student who had been accused of plagiarism and … Continue reading

Posted in Higher Education Law | Tagged , , , | Leave a comment

When is success only partial success – recovery of fees in EAT

The fee for bringing or lodging an appeal in the EAT is £400, the fee for the full hearing is £1,200. Under the EAT rules 1993 rule 34A general power to make costs orders.  Under 34A where it appears to … Continue reading

Posted in Uncategorized | Leave a comment

Road Traffic Accidents – The folly of relying on traffic light signals

In the recent Court of Appeal case of Gray v Botwright liability was split 50/50 where a driver had proceeded to turn right across a carriageway without checking for oncoming traffic on the assumption that the traffic lights for oncoming … Continue reading

Posted in Personal Injury, Uncategorized | Tagged , , | Leave a comment

Requests for Further Information – some help for solicitors facing evasive opponents

A key objective of the CPR is to ensure that statements of case set out a parties’ case and outline or define the issues. Applications for further information under Part 18 play an important role in reaching this objective. The … Continue reading

Posted in CPR, Personal Injury | Tagged , , , | Leave a comment

R v Farooqi & Others [2013] EWCA Crim 1649

In his final appeal judgment as Lord Chief Justice, Lord Judge criticised the “flagrant misconduct and professional incompetence” of leading defence counsel during a four month terrorism trial in Manchester. Lord Judge, sitting with Treacy LJ and Sharp J, dismissed … Continue reading

Posted in CPR, Crime | Leave a comment

The Risks of Social Media

With increasing frequency I arrive at court and am handed copies of comments made on Facebook or other social media websites by my lay client or the other party or their partners/friends/family. Often these comments can be very damaging and … Continue reading

Posted in Family, Uncategorized | Tagged , , , , | Leave a comment

Child Booster Seats and Contributory Negligence

In the recent Court of Appeal case of Louise Emma Williams v The Estate of Dayne Joshua Williams it was held that a contribution of 25% of the damages by the mother of a child who had been badly injured … Continue reading

Posted in Personal Injury | Tagged , , , , | Leave a comment

Lord Justice of Appeal attacks emasculation of legal aid

In the recent Court of Appeal case, Colin Wright v Michael Wright (Supplies) Ltd & Turner Wright Investments Ltd [2013] EWCA Civ 234 Sir Alan Ward, giving the principle judgment, queried how to bring “order to the chaos” brought by … Continue reading

Posted in Chancery, Clinical Negligence, Commercial, Contract, CPR, Personal Injury, Uncategorized | Tagged , , , | Leave a comment

Sale of Dangerous Horse a Breach of Contract

In Taylor v Brown, 7th November 2011, Bristol County Court (unreported), it was claimed that a horse which had been bought privately from the Defendant was not “good to hack and handle [and] a perfect project for a teenager” with … Continue reading

Posted in Contract | Leave a comment

Speeding at 111mph

R v C – Bath Magistrates Court In this case a successful manager of a high end car company was caught speeding at 111mph on a dual-carriageway near Bristol. The Magistrates Court Sentencing Guidelines provide that on roads with a … Continue reading

Posted in Crime | Leave a comment