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After the introduction of the reforms to the Civil Procedure Rules in 2013, you may recall some judges becoming, at least initially, excited about the prospect of experts giving evidence concurrently (so-called “hot tubbing”). Since that early flush of excitement, I have been involved in only one trial in which it was used and I…
Provisional damages operate as an exception to the general rule that damages are assessed on a once-and-for-all basis. Where a claimant finds themselves at a risk of developing a disease or deterioration in their physical or mental condition in the future, the general rule would require the court to assess that risk and compensate the…
On 17 July 2023, the Industrial Injuries Advisory Council (IIAC) published two important papers in relation to hand-arm vibration syndrome (HAVS). HAVS, then known as Vibration White Finger, was first prescribed as an industrial disease by the IIAC over 40 years ago following the publication of its Command Paper Cm 8350 in 1981. The background…
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The Court of Appeal handed down its judgment on 14 March 2024, dismissing two conjoined appeals in cases of mesothelioma arising from asbestos exposure in the 1950s, Executors of the Estate of Thomas Albert White v Secretary of State for Health and Social Care (”White”) and Executrix of the Estate of Derek Barry Cuthbert v…
The High Court has handed down judgment in an important case dealing with the data protection obligations of NHS Trusts in respect of the collection and retention of patient medical records. The Claimant (anonymised as ‘YSL’ to protect privacy) brought a wide-ranging claim against the Defendant Foundation NHS Trust, seeking damages and erasure orders in…
Tom Carter appears in the Supreme Court in the case of Davies v Bridgend on the question of causation following his win in the Court of Appeal that damages for diminution in value of a property are recoverable in the absence of physical damage and are not pure economic loss: see Davies v Bridgend [2023] EWCA Civ…
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