Personal Injury Blogs

25 November 2021 - Written by Jack McCracken

Third Party Violence at Work: The Problem of Causation - Cunningham v Rochdale MBC [2021] EWCA Civ 1719

On 19 November 2021 the Court of Appeal handed down judgment in an important decision on an employer’s liability claim for damages for personal injury suffered by an Assistant Head Teacher who was assaulted by a pupil. Dingemans LJ gave the sole reasoned judgmen...

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9 November 2021 - Written by Philip Turton

Oh Flower of Scotland... Haggerty-Garton v ICI [2021] EWHC 2924 (QB)

On 3 November 2021 the newly appointed Ritchie J handed down his judgment in Haggerty-Garton v ICI [2021] EWHC 2924 (QB), a mesothelioma case brought in the High Court but, pursuant to a consent order agreed between the First Claimant and the Defendant, ...

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4 November 2021 - Written by Edward James & Nicholas Robinson

Rugby League Players Follow Union Players in Bringing Claims for Early Onset Dementia

A claim is being brought against the Rugby Football League (RFL) by a group of 10 ex-professional rugby league players. The claim follows on from the announcement that in December 2020 a letter of claim had been sent in respect of rugby union players considered in thi...

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2 November 2021 - Written by Cassandra Williams

Uncontroverted Expert Evidence Is Not Incontrovertible

The Court of Appeal handed down judgment last month allowing the Defendant’s appeal against the decision of Martin Spencer J in the case of Griffiths v TUI UK Ltd. The High Court decision is discussed in the author's blog entitled “The L...

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26 October 2021 - Written by Thomas Herbert

Material Contribution in the Spotlight (Again) following Thorley v Sandwell & West Birmingham Hospitals NHS Trust

This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Ph...

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20 October 2021 - Written by Jessica Woodliffe

Occupiers' Liability and Mental State: Trespassers Who Change Their Minds

The High Court recently considered the meaning of ‘trespassers’ and the relevance of a person’s state of mind and intention for the purposes of the Occupiers’ Liability Act 1984 in the case of ...

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13 October 2021 - Written by Shilpa Shah

The Costs, the QOCS and the Set Off: Ho v Adelekun in the Supreme Court

In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered whether and to what extent Defendants can offset ‘costs against costs’ in a QOCS case.  ...

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5 October 2021

Ropewalk Chambers is Ranked as a Top Tier Set in Personal Injury in the Legal 500 2022

Ropewalk Chambers is ranked as a top tier set in the field of personal injury in the latest edition of the Legal 500. This is an outstanding achievement for our personal injury barristers. We have been described as offering “an excellent service together wit...

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22 September 2021 - Written by Tom Carter

Illegality in Clinical Negligence Claims

A man with longstanding mental health issues walks into a pub with a can of petrol and a knife. He proceeds to pour the petrol on himself and says he is going to burn the pub down. The police are called, he is arrested and whilst in police custody, he undergoes a Ment...

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25 August 2021 - Written by Nicholas Robinson

Fundamental Dishonesty: Theoretical Possibilities and Claimants Blaming Solicitors: Michael v IE&D Hurford Ltd [2021] EWHC 2318 (QB)

"…it will be rare for a claim to be fundamentally dishonest without the Claimant also being fundamentally dishonest, although that might be a theoretical possibility, at least" When Julian Knowle...

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16 August 2021 - Written by Andrew McNamara & Gareth McAloon

Pleading and Proving Section 33 of the Limitation Act 1980

Andrew McNamara and Gareth McAloon consider the correct approach to section 33 of the Limitation Act 1980, three years on from the leading case of Carr v Panel Products (Kimpton) Limited [2018] EWCA Civ 190. It is now thre...

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6 August 2021 - Written by Cassandra Williams

Further Developments on Pleading Fundamental Dishonesty: Covey v Harris [2021] EWHC 2211 (QB)

The court in Covey v Harris [2021] EWHC 2211 (QB) acceded to the Defendant’s application to amend its defence to plead fundamental dishonesty made less than a m...

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3 August 2021 - Written by Jonathan Owen

Historic Industrial Disease Claims with a Connection to a Jurisdiction Outside of England and Wales

The question this blog addresses is what to look out for, as “headline points”, in an industrial disease claim with a connection to a foreign jurisdiction: e.g. the alleged wrong was committed in a jurisdiction other than England and Wales, or the conseque...

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2 August 2021 - Written by Gareth McAloon

Necessity in Applications to Vacate a Trial

In the context of a potentially high value claim following a road traffic accident involving a young Claimant, HHJ Walden-Smith recently refused the Claimant's application to vacate a trial to be listed in a trial window commencing November 2021 and to stay proceeding...

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29 July 2021 - Written by Shilpa Shah

Chan v Peters: The Principles Governing Liability in Road Traffic Accident Cases

In the High Court case of Chan v (1) Peters (2) Advantage Insurance Company Ltd [2021] EWHC 2004 (QB), Cavanagh J took the opportunity to carefully distil the main principles at play ...

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28 July 2021 - Written by Christopher Lowe

Noise-Induced Hearing Loss and Medical Causation: NIL on the Slide!

In this blog, Chris Lowe reviews the current requirements for proving medical causation in NIHL claims, reviewing recent practice in relation to the “Guidelines…” paper and considering the "R3" requirement With a...

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21 July 2021 - Written by Philip Davy

Abandoning a Single Joint Expert

The single joint expert’s decision can often have a decisive effect upon the viability and outcome of a given claim, particularly a disease claim. If the expert’s opinion is unfavourable, the aggrieved party will want t...

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21 July 2021 - Written by Alex Denton & Hollie Birkett

Damages Claims Portal Pilot Scheme: An Overview

In an attempt to modernise an oft-labelled ‘antiquated’ justice sytem, a view more compelling in light of the difficulties faced during the recent COVID-19 pandemic, Her Majesty’s Courts and Tribunals Service (HMCTS) has developed a programme of refo...

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15 July 2021 - Written by Kate Longson

Transcripts! Who needs 'em? Bates v Snozone (Holdings) Ltd [2021] EWHC 1828 (QB)

In an appeal which raises questions of a trial judge’s evidential analysis, you could be forgiven for assuming that obtaining a transcript of the evidence should be the first job on any appellant file handler’s ‘to do’ list. However, the High C...

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14 July 2021 - Written by Nikhil Arora

Secondary Victims: Still Second-Class Claimants?

In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric condi...

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30 June 2021 - Written by Richard Seabrook

High Court Provides Further Guidance in Relation to Interim Payments

In AL (by her Mother and Litigation Friend, S) v Collingwood Insurance Company Ltd [2021] EWHC 1761 (QB), a catastrophic brain injury case, Robin Knowles J provided further guidance to practitioners as to the application of the established principles previous...

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24 June 2021 - Written by Thomas Herbert

Mission Creep: Begum v Maran (UK) Ltd and the Duty of Care

“That the tort of negligence is a mess goes almost without saying.” So said David Ibbetson in How the Romans Did for Us: Ancient Roots of the Tort of Negligence (2003) 26 UNSWLJ 475. As James Plunkett ...

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24 June 2021 - Written by Rochelle Rong & Alexandra Pountney

Meadows v Khan in the Supreme Court: Scope of Duty in Clinical Negligence Claims

In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows' appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the 'scope of duty principle' in the tort of negligence. The j...

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22 June 2021 - Written by Cassandra Williams

Local Standards Not Necessarily Determinative of the Standard of Care in Package Holiday Claims: TUI v Morgan

In TUI v Morgan [2021] PIQR P12, the Respondent, Mrs Morgan, sustained injury whilst on a package holiday to Mauritius, which she purchased from the Appellant, TUI. She was walking along an outdoor, unlit sun terrace at the hotel where she was staying when sh...

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22 June 2021 - Written by Nikhil Arora

Success Fees in Mesothelioma Cases: Moutarde v SIG Logistics

In this blog, Nik Arora reviews the decision in Moutarde v SIG Logistics to limit the Claimant's success fee in a mesothelioma claim to 27.5%. Q. When is a trial not a trial? ...

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17 June 2021 - Written by Jessica Woodliffe

Dishonesty and Exceptional Circumstances under CPR rule 45.29J

On 27 November 2020, the High Court handed down judgment in James West v Joseph Olakanpo [2020] EWHC 3830 (QB) which concerns both dishonesty and the ‘exceptional circumstances’ test for costs exceeding fixed costs in low value personal injury cla...

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16 June 2021 - Written by Philip Turton

British Psychological Society Publish Guidance on Recording of Neuropsychological Testing

In May 2021, following preparation by an advisory working group of its Professional Standards Unit, the British Psychological Society, Division of Neuropsychology, published Good Practice Guidelines on the recording of neuropsychological examinations and testing under...

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15 June 2021 - Written by Thomas Herbert

(In)divisible, That's What You Are

Show me that you can divide the notes of a song; But first, show me that you can discern Between what can be divided And what cannot....

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25 May 2021 - Written by Edward James & Nicholas Robinson

Dementia in Sports Participants: An Industrial Disease?

The Department for Culture, Media and Sport (DCMS) Concussion in Sport Inquiry committee has been holding consultations with leading experts, former professional sports athletes, the Chief Medical Officers and Chief Executives of Sports Governing Bodies as well as cha...

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18 May 2021 - Written by Toby Stewart, Sarah Hopkinson & Kate Longson

The Scope and Limits of Acceptable Risk in Exposure Cases

Toby Stewart, Sarah Hopkinson and Kate Longson look back to the leading House of Lords decision in Baker v Quantum Clothing Group Ltd [2011] 1 WLR 1003 and discuss how the concepts of risk and acceptable limits of exposure now operate in modern day ...

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17 May 2021 - Written by Richard Gregory

Non-Party Disclosure and CPR 31.17: Sparkes v London Pension Funds Authority & Leigh Academies Trust

A good month for claimants in historic asbestos claims continues. Coming shortly after Scarborough College Ltd v Winter [2021] 4 WLUK 352, in which a Show Cause finding in a claimant’s favour was undisturbed on appeal (...

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10 May 2021 - Written by Rochelle Rong

The Key to a Successful Application for an Interim Payment: PAL v Davison [2021] EWHC 1108 (QB)

In PAL (a child by her mother and litigation friend COL) v Davison [2021] EWHC 1108 (QB) (judgment here), Yip J granted the Claimant’s application and ordered a furthe...

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7 May 2021 - Written by Edward James & Nicholas Robinson

Concussion in Sport: Gender Differences Highlighted by Results of Recent Study

The issue of concussion in sport is frequently in the news at the moment. The risks and consequences of concussion have been highlighted in rugby, football, boxing and many other sports. However, the vast majority of these issues have been focussed on male participant...

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6 May 2021 - Written by Philip Godfrey & Alexandra Pountney

Scarborough College v Winter: Spotlight on the Show Cause Procedure

In Scarborough College Ltd v Winter [2021] 4 WLUK 352, the High Court considered an appeal by a Defendant against the decision of a Master to enter judgment under CPR PD3D (the show cause procedure). The appeal was dismissed. Cavanagh J held that Judgment had...

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29 April 2021 - Written by Edward James & Nicholas Robinson

Saliva Testing to Assist Diagnosis of Concussion in Sports Head Injuries

The development of a highly accurate saliva test to diagnose concussion in elite male rugby players has been labelled "game-changing" by Professor Antonio Belli, Chief Investigator of the study SCRUM (Study of Concussion in Rugby Union through MicroRNAs)...

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27 April 2021 - Written by Sarah Hopkinson & Thomas Herbert

Part 36 Superposition: A Look at Wormald v Ahmed [2021] EWHC 973 (QB)

In a case concerning a child or protected party, during the period between its purported acceptance and approval under CPR Part 21, a Part 36 offer is – much like Schrödinger’s cat – in a state of superposition: it is both accepted but not bindi...

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22 April 2021 - Written by Philip Turton & Katie McFarlane

Secondary Victim Appeal Listings in Paul and Polmear

In March, as part of the Ropewalk Chambers' Spring Webinar series, Philip Turton and Katie McFarlane reviewed the law relating to secondary victims in light of the decisions in Paul v The Royal Wolverhampton NHS Trust [2020] PIQR P19 and Polmear v Royal C...

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22 April 2021 - Written by Thomas Herbert & Jessica Woodliffe

Coroner Calls for Lower UK Air Pollution Limits and Increased Awareness of Pollution Levels to Prevent Deaths

In December 2020, HM Assistant Coroner for Inner South London, Philip Barlow, concluded that air pollution contributed to nine-year-old Ella Adoo Kissi-Debrah’s death in 2013. Thomas Herbert’s blog on that decision can be read ...

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19 April 2021 - Written by Tom Panton & Jack McCracken

Strict Liability is Dead, Long Live Strict Liability?

Anyone practising in employer’s liability personal injury litigation will be familiar with the strict approach to liability for work equipment imposed by the Provision and Use of Work Equipment Regulations 1998 (“PUWER”). ...

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14 April 2021 - Written by Philip Davy

Pleading Fundamental Dishonesty Allegations: Mustard v Flower [2021] EWHC 846 (QB)

The mustard flower is simple and delicate. The mustard seed, on the other hand, packs more of a punch. Pleadings of fundamental dishonesty in cases where there is no strong evidence (such as damaging surveillance) of a claimant’s fraud should, it seems, be more ...

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9 April 2021 - Written by Nicholas Robinson

Highways Litigation: ALARM Bells Ring for Highway Authorities following Maintenance Survey

Last week saw the publication of this year’s Annual Local Authority Road Maintenance (ALARM) survey. This was the 26th such report commissioned by the Asphalt Industry Alliance (AIA). It is an independent survey of local authority highways departments in England...

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9 April 2021 - Written by Thomas Herbert

High Court Refuses Defendant's Request to Try Causation as a Preliminary Issue in Claim under the COSHH Regulations

Freedman J’s decision in Mather v Ministry of Defence [2021] EWHC 811 (QB) – which can be read here – is interesting for (at least) two reasons. First, ...

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8 April 2021 - Written by Georgina Cursham, Hollie Birkett & Samuel Ford

Contributory Negligence in Road Traffic Accidents: Seatbelts and Drunk Drivers

Findings of contributory negligence against passengers who fail to wear a seatbelt and those who voluntarily get into a car with a driver under the influence of alcohol or drugs are commonplace. This blog aims to set out the underlying principles for quantifying the a...

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6 April 2021 - Written by Patrick Limb QC

COVID-19 and Occupation: An Interim Report from the IIAC

On 25 March 2021 the Industrial Injuries Advisory Council (“IIAC”) published "COVID-19 and occupation: position paper 48” – found ...

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1 April 2021 - Written by Thomas Herbert

Wrongful Birth, Wrongful Life & Negligence: Considering Toombes v Mitchell

Thomas Herbert's article on Lambert J's decision in Toombes v Mitchell [2020] EWHC 3506 (QB), which considered the correct interpretation of section 1 of the Congenital D...

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31 March 2021 - Written by Thomas Herbert & Jessica Woodliffe

The CJEU Finds that the UK Breached its Obligations under the Air Quality Directive

Patrick Limb QC and Thomas Herbert recently explored the below issues, and others, in their webinar on "...

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23 March 2021 - Written by Abigail Scott

Revisiting the Close Connection Test for Vicarious Liability: Adult Sexual Abuse Cases

In The Trustees Of The Barry Congregation Of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, the court revisited the two-stage test for vicarious liability and considered the application of the tailored close connection test to cases involving adult vict...

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19 March 2021 - Written by Patrick Limb QC

The Cost of Care: Night-time Carers Are Not Entitled to Minimum Wage During Periods of Sleep

Today, 19 March 2021, the Supreme Court handed down judgment in the conjoined appeals of Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another (T/A Clifton House Residential Home) [2021] UKSC 8. This is an employment law case that will ...

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18 March 2021 - Written by Cassandra Williams

The Limitations of Challenging Uncontroverted Expert Evidence

An appeal is currently outstanding from the significant decision made on appeal by the High Court in Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB). The Decision at First Instance The p...

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3 March 2021 - Written by Damian Powell

Pondering the Imponderables: Future Loss of Earnings Claims Post-COVID

The significant uncertainties in the economy and the employment market caused by the pandemic may lead to an upsurge in defendants arguing that damages for future loss of earnings should be assessed by way of a Blamire and/or a Smith v Manchester awa...

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26 February 2021 - Written by Kam Jaspal

Long Covid: An Industrial Disease?

Long Covid is the term used to describe the lasting effects of contracting COVID-19 and has been referred to as the “hidden health crisis of the pandemic”. There is growing support for Long Covid (also known as...

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25 February 2021 - Written by Alexandra Pountney

A Spate of Strike Outs: A Review of the Law on Res Judicata

During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9...

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23 February 2021 - Written by Richard Seabrook & Philip Godfrey

Non-Delegable Duties of Care: A Review of Recent Developments in the Law

The recent case of Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB) considered whether an NHS Primary Care Trust owed a non-delegable duty of care with regard to healthcare services provided by a third party. HHJ Melissa...

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23 February 2021 - Written by Rachel Young & Thomas Herbert

Revisiting the Test of Material Contribution in Clinical Negligence Claims following Davies v Frimley Health NHS Foundation Trust

In Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB), the High Court considered the question of causation in circumstances where the deceased had suffered from acute pneu...

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17 February 2021 - Written by Philip Godfrey

Non-Delegable Duties of Care and NHS-Funded Private Services

In Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB), the High Court considered, as a preliminary issue, whether an NHS Primary Care Trust ("P...

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17 February 2021 - Written by Alexandra Pountney

No Reason to Reply? Martlet Homes Ltd v Mullalley & Co Ltd [2021] EWHC 296 (TCC)

On 16 February 2021 the High Court handed down judgment in Martlet Homes Ltd v Mullalley & Co Ltd [2021] EWHC 296 (TCC), which gives guidance to practitioners on the often misunderstood role and remit of a Reply to Defence. ...

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15 February 2021 - Written by Jason Cox

Very Late Permission for Expert Accommodation Evidence and Adjourning Trial Issues in a Serious Injury Claim

A judgment resolving various cross-applications a few weeks before trial in a serious PI case is perhaps not the most obvious subject for a blog. However, there is so much packed into the 15-paragraph judgment of Fordham J in Pass v Ministry of Defence [2021]...

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8 February 2021 - Written by Gareth McAloon

'Seconds Out!': Secondary Victim Claims Arising from Clinical Negligence to go to the Court of Appeal

Claims by secondary victims arising from clinical negligence have for many years been a battleground between Claimants and the NHS, particularly where the psychiatric damage that is the subject of the claim occurs many months after the purported breach of duty in...

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3 February 2021 - Written by Richard Gregory

Bankrupt Claimants: Tips for Practitioners

Bankruptcy orders are relatively rare. Having never exceeded 10,000 per year before 1990, they exceeded 100,000 in 2009, and have only occasionally dipped beneath that figure. Even at those numbers, in recent years they approximate to 26 people per 10,000, or about a ...

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29 January 2021 - Written by Alexandra Pountney

Pleading for Particularisation: The Downfall of a Deceit Claim

On 28 January the High Court handed down judgment on an interlocutory appeal in Kasem v University College London Hospitals NHS Foundation Trust [2021] EWHC 136 (QB). Saini J struck out the Claimant NHS Trust’s statement of case for a defective pleading...

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26 January 2021 - Written by Andrew Lyons

Solicitors' Hourly Rates on the Rise?

Almost all practitioners will know that the GHR have remained unchanged since 2010. These rates are set out in the following table: Guideline Hourly Rates In 2014 the Master of the Rolls refused to implement the recommend...

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22 January 2021 - Written by Hollie Birkett

Voluntary Acceptance of an Obvious Risk May Not Be Fatal to an Occupiers' Liability Claim

In The White Lion Hotel v James [2021] EWCA Civ 31 the Court of Appeal considered the ambit of the well-known authorities on ‘obvious risks’ in the context of occupiers’ liability, and the proper approach to section 2(5) of the Occupiers' Li...

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19 January 2021 - Written by Thomas Herbert

Court of Appeal Considers 'Lost Years' Claims in Head v The Culver Heating Co Ltd

In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant's 'lost years' claim. The judge had dismi...

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18 January 2021 - Written by Jessica Woodliffe

Latest Instalment in Insurers' Challenge to CRU Provisions

In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his ...

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14 January 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...

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13 January 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, ...

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5 January 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...

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4 January 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...

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17 December 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...

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17 December 2020 - Written by Thomas Herbert

Inquest Concludes that Air Pollution Exposure Contributed to Child's Death

On 16 December 2020, HM Assistant Coroner for Inner South London, Philip Barlow, concluded that “air pollution exposure” was a contributory cause of nine-year-old Ella Adoo Kissi-Debrah’s death in 2013. This is the first time that a coroner ...

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14 December 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...

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14 December 2020 - Written by Abigail Scott

IIAC Announces Review of the Relationship Between Respiratory Diseases and Occupational Exposures

The Industrial Injuries Advisory Council (IIAC) has announced its intention to conduct a review of selected malignant and non-malignant respiratory diseases and their relationships with occupational exposures. The IIAC is the advis...

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2 December 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...

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30 November 2020 - Written by Jessica Woodliffe

Certain Compensation Recovery Unit Payments Declared Incompatible with the European Convention on Human Rights

In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin), the Claimants challenged the unintended and onerous consequences of the Compensation Recovery Unit ...

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30 November 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...

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24 November 2020 - Written by Richard Seabrook & Jessica Woodliffe

Occupational Stress in the Coronavirus Pandemic: What Has Changed?

The coronavirus pandemic has transformed the way many of us work. This blog post primarily considers the potential implications of home working on occupational stress claims by looking closely at the key case law in this area. Some observations are also offered as to ...

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20 November 2020 - Written by Gareth McAloon

Asbestos in Schools

It may be recalled that we previously blogged on asbestos in schools in June 2020. In that feature, we reported that the Department for Education’s survey, l...

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17 November 2020 - Written by Jack McCracken & Sarah Hopkinson

A Look at Two US Cases on Potential Liability for COVID-19

Jack McCracken and Sarah Hopkinson revisit the question of liability for COVID-19 infections, this ti...

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16 November 2020 - Written by Sarah Hopkinson & Kate Longson

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...

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12 November 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...

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5 November 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,...

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23 October 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...

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20 October 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...

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13 October 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...

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27 August 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...

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21 April 2020 - Written by Thomas Herbert

Recovering Inquest Costs in Subsequent Civil Proceedings

It is well-known that, in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach v Home Office [2010] QB 256. Ever...

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