14th Jan 2021 - Written by Abigail Scott
Very Late Applications for Expert Reports: The Key is 'Significance'
In Knapman v Carbines [2020] EWHC 3586 (QB), HHJ Cotter QC considered the balancing exercise to be conducted upon a very late application to rely on an expert report. The Context Mr K...
13th Jan 2021 - Written by Philip Turton & Katie McFarlane
Young v Downey: A Commentary
On 16 December 2020, Martin Spencer J handed down judgment in Young v Downey [2020] EWHC 3457 (QB), an interesting decision on secondary victims in nervous shock cases. In this blog post, ...
5th Jan 2021
Jayne Adams QC Appointed a Master of the Bench of Gray's Inn
We are delighted to announce that Jayne Adams QC has been appointed a Master of the Bench of Gray’s Inn. Jayne’s appointment marks a recognition of her contribution to the law and her...
4th Jan 2021 - Written by Gareth McAloon
Control and Warnings under the 1957 Act: A Recent Decision from the High Court
The recent decision in Mathewson v Crump & Crump [2020] EWHC 3167 (QB) concerned a claim under the Occupiers’ Liability Act 1957. In determining the claim, two particularly interesting features arose: Firs...
17th Dec 2020 - Written by Cassandra Williams
Medical Records in Civil Proceedings
Claimants often rely on medical records as evidence to corroborate their case as to the nature and extent of their injuries in personal injury litigation. Conversely, Defendants often use a Claimant’s medical records against them where those records c...
14th Dec 2020 - Written by Katie McFarlane
Recording of Medical Examinations: Revisited
Since the pandemic, the issue of covert recordings of medical examinations has risen to the fore following the drastic increase in use of technology to deliver patient care (telephone consultations, video consultations), making covert recording easier than ever before...
2nd Dec 2020 - Written by Jayne Adams QC
Fatal Accident Claims - A Brief Overview
The area of fatal accident claims is wide and occasionally very complicated. An understanding of the principles and the cases that historically have shaped the Court’s approach is necessary. It is an area in which once the statutory provision is understood, a 'f...
30th Nov 2020 - Written by Thomas Herbert
Bolton v Stone Revisited
The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewi...
16th Nov 2020 - Written by Sarah Hopkinson, Kate Longson & Megan Verity
Identifying the Correct Defendant in RTA Claims
This is a brief guide to identifying the correct Defendant(s) in RTA claims. We will consider the position of the Defendant tortfeasor, the hierarchy of claims that can be brought against the tortfeasor’s insurer and when claims are correctly to be intimated aga...
13th Nov 2020 - Written by Thomas Herbert
More Likely Than Not: The Civil Standard of Proof Applies to All Short-Form and Narrative Conclusions at Inquests
By a majority of three to two, the Supreme Court has held that the standard of proof for findings of suicide and unlawful killing at an inquest is the balance of probabilities: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46....
12th Nov 2020 - Written by Gareth McAloon
Failing to React and Reasonable Practicability under Section 41(1A) of the Highways Act 1980
A recent decision of particular importance to those involved in claims against Highway Authorities – particularly such claims as engage the Authority’s duty under s. 41(1A) of the Highways Act 1980 ("the Act") – is Smithson v (1) Lynn (2) North Y...
5th Nov 2020 - Written by Thomas Herbert
Three for the Price of One: Impecuniosity, Service and Relief from Sanctions
The Court of Appeal’s decision in Diriye v Bojaj [2020] EWCA Civ 1400 is of significance to all civil practitioners, and credit hire practitioners in particular. It considered (i) the proper pleading of allegations of impecuniosity in credit hire cases,...
2nd Nov 2020 - Written by Andrew Lyons
Employer Not Directly or Vicariously Liable for Personal Injury Caused by Practical Joke Gone Wrong
Chell v Tarmac Cement and Lime Ltd [2020] EWHC 2613 (QB) arose from a poorly-judged practical joke when an employee set off explosive pellet-gun targets close to the Claimant’s head, causing irreversible hearing damage. It adds to the growing bank of au...
23rd Oct 2020 - Written by Jessica Woodliffe
Context is Everything: Considering Risk of Injury in the Workplace
In Needle v Swallowfield plc [2020] EWHC 2759 (QB), the High Court considered the Manual Handling Operations Regulations 1992 and reiterated that risk of injury is a context-specific question. The Court must have regard to the particular place of employment a...
20th Oct 2020 - Written by Patrick Limb QC
Proving Breach of Duty: The Uses and Limits of Adverse Inferences
Adverse inferences are means by which at least an evidential burden can be placed on the Defendant’s side of the litigation fence. They can be drawn where there is a failure to call witnesses that are available or to adduce documents that should be available. In...
13th Oct 2020 - Written by Damian Powell & Samuel Shelton
Statutory Bereavement Damages Extended (Only) to Cohabiting Partners
The Fatal Accidents Act 1976 (Remedial) Order 2020 (“the Order”) came into force on 6 October 2020. The effect of the Order is to extend the eligibility for bereavement damages under section 1A of the Fatal Accidents Ac...
27th Aug 2020 - Written by Samuel Shelton & Thomas Herbert
Inconsistencies and Inaccuracies are a Fact of Life, but Lies are Positively Manufactured
In Pegg v (1) Webb (2) Allianz Insurance plc [2020] EWHC 2095 (QB), Martin Spencer J overturned the trial judge’s finding that a personal injury claim arising from a road traffic accident was not fundamentally dishonest. To read the judgment, please cli...
Ropewalk Chambers has a market-leading reputation in the field of personal injury. Its Members are known for providing robust advocacy, close attention to detail and comprehensive, practical advice at every stage.
Members of Chambers deal with the full breadth of personal injury claims, whether arising out of road traffic accidents, employers’ liability, public liability, occupiers’ liability, product liability, sporting accidents or accidents involving animals. Claims at all levels of severity are accommodated. Our barristers are experienced in dealing with limitation, liability, causation and quantum in personal injury claims.
Work is distributed within Chambers to enable Members of Chambers to represent both Claimants and Defendants in this field.
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Recent Posts
- Very Late Applications for Expert Reports: The Key is 'Significance'
- Young v Downey: A Commentary
- Jayne Adams QC Appointed a Master of the Bench of Gray's Inn
