24/05/22. In Fernandez v Iceland Foods Ltd , the Claimant appealed against an order refusing his application for permission to substitute a fresh medical expert for an existing one. The decision includes a thorough summary of the applicable law and principles to be considered when parties seek to instruct fresh expert evidence (at [18]-[27]). The judgment also reiterates the well-established principle that an appellate court will not lightly interfere with a case management decision following the exercise of a discretion. In the absence of an error of law, the court will only interfere where the judge’s exercise of discretion has exceeded the ambit within which reasonable disagreement is possible (at [25])....
23/05/22. This book is designed to be a succinct overview of the key features of cycling litigation. It looks at cyclists as ...
19/05/22. The Court of Appeal revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and...
11/04/22. The standard expected of a reasonable and prudent employer in employer liability cases is frequently the subject of...
03/03/21. The law relating to claims for psychiatric injury is complex, varied, and hard to grapple with and can often appear...
25/07/22. The recent publication of the 16th Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases , has brought a number of cha...
14/07/22. In Woodger v Hallas ,[1] the Defendant appealed against the trial judge’s failure to dismiss the claim in its entirety following a finding that the Claimant had been fund...
17/06/22. The case concerned an appeal against the order of Recorder Bright QC dismissing a claim for personal injury suffered by Mr Hill (“the appellant”) in the course of his d...
14/06/22. In Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors, the First, Third, and Fourth Defendants applied for an order striking out the claim against them on the g...
30/05/22. On 21st April 2022, before HHJ Lethem, helpful guidance was provided to assist County Courts commonly falling into error in refusing expenses to Litigation Friends who ...
25/05/22. In EXN v East Lancashire Hospitals NHS Trust , the court considered the proper approach to the failure of a party to comply with the rules relating to notice that a claim...
20/05/22. In a joint decision, Holroyde, Stuart-Smith and Warby LJJ held that Freedman J had not erred in granting relief from sanctions after the Respondent made an informal ora...
26/04/22. Mr Bahia was born in India, but had lived in the UK for over 50 years. As at the date of the trial, he was 72 years old. Mr Bahia provided two witness statements, in th...
21/04/22. In Melloy v UK Insurance Ltd (Portsmouth County Court, Case Number 011LR422, 25 February 2022) an issue arose at the conclusion of the trial as to whether two claimants i...
24/03/22. In Gul v McDunagh ,[1] the appellant, then aged 13, had been struck by a car being driven by the First Defendant. He sustained very serious injuries. The question of cont...
22/03/22. The substantive claim was brought by a victim of convicted football coach Bob Higgins, who perpetrated a campaign of abuse against boys at the Southampton academy in th...
04/03/22. I have been asked by a number of people if I can cover some of the cases which are frequently seen in Industrial Disease cases. This Article is the first such ‘essentia...
02/03/22. These two significant judgments are both of considerable assistance to those defending ‘failure to remove’ claims against local authorities.
Negligence Claims: the Tinda...
21/02/22. This High Court appeal decision confirmed that the “draconian reading” of 8BPD6 in Mason v Laing was incorrect and unwarranted. The sanction for simultaneous rather than ...
17/02/22. In O’Grady v B15 Group Ltd , [1] by way of background, the Claimant's husband had been killed following a collision with a lorry, driven by an employee of the Defendant. Pr...
26/01/22. The cases of Paul v The Royal Wolverhampton NHS Trust (“ Paul ”); Polmear v The Cornwall Hospital NHS Trust (“ Polmear ”); and, Purchase v Ahmed (“ Purchase ”) were heard as conjoi...
24/01/22. In Brown v Fisk [2021] EWHC (QB) 2769, Master Dagnall gave judgment on an application for reverse summary judgment brought by the Second Defendant. The Claimant had broug...
21/01/22. In Martini v Royal Sun Alliance Insurance Plc [2022] EWHC 33 (QB), the High Court was required to consider claims in negligence arising from a series of motor vehicle col...
23/12/21. In Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698, the Court of Appeal considered whether a claimant could rely on his own intoxication, and consequenti...
21/12/21. This landmark ruling has been a source of great concern for medical practitioners because it means they can now be found liable for negligent pre-conception advice res...
15/07/22. This case dealt with a number of procedural issues including jurisdiction and an extension of time for service of the claim form pursuant to CPR 3.1(2)(a). Michael Ford...
13/07/22. In Doyle v M & D Foundations Building Services Ltd [2022] EWCA CIV 927, [1] the Respondent was injured whilst working on a construction site in the course of his empl...
20/06/22. Does the specific injury or disease which a claimant sustained need to be reasonably foreseeable for liability to be established? Or is reasonable foreseeability of a r...
13/06/22. In Brooks v Zurich Insurance , the Claimant had worked as a maintenance engineer at a paper mill in Enfield. His work brought him into contact with asbestos and, aro...
25/04/22. The judgment of Mrs Justice Hill in this case deals with a number of interesting issues. This article focuses on pleading and proving mitigation of loss.
The claimant, M...
20/04/22. In Jenkinson v Robertson ,[1] the Claimant appealed against a finding of fundamentally dishonest that had resulted in his claim being dismissed in its entirety pursuant t...
25/03/22. In Miah v Ullah ,[1] the High Court considered whether to grant the Defendant relief under CPR 39.5 for failing to attend a disposal hearing. The Claimant had applied for...
23/03/22. The applicant in the case, Allianz Insurance plc, was the prospective defendant in a claim for losses which included the cost of a hire car. The application sought pre...
18/03/22. A novel and interesting point in relation to Part 20 claims. I acted on behalf of the 2 nd Defendant in this matter.
In Bailey (C) -v- Barclays Bank UK PLC (D1) and London...
22/02/22. Case Name: H v P
Accident Date: 31/10/2019
Settlement Date: 16/07/2021
Total Gross Settlement: £500,000.00
Background: RTA
On 31 October 2019 the Claimant (aged 50) had bee...
18/02/22. In this case, Mr Nicholas Thompsell (sitting as a Deputy Judge of the High Court) considered the appropriate response where several excerpts of a witness statement did ...
16/02/22. Practitioners may find the appeal judgment of Cojanu v Essex Partnership University NHS Trust [1] of interest for its consideration of fundamental dishonesty . In Cojanu , a c...
27/01/22. The Claimant brought a claim for damages under the Fatal Accidents Act 1976 in respect of her husband who was killed in a road traffic accident. On 20 April 2020 the De...
10/01/22. ‘A Practical Guide to Periodical Payment Orders in Personal Injury Cases in Scotland’ is geared towards practitioners in Scotland who deal with personal injury cases in...
24/12/21. In McKeown v Langer [2021] EWCA Civ 1792, the Court of Appeal considered the following issues (at [1]): “where there are split issues (such as liability preceding quantum...
22/12/21/ In refusing the Defendant’s application for permission to resile from an admission, Master Stevens sets out a helpful and detailed overview of the relevant Civil Proce...
30/11/21. Fixed recoverable costs were first introduced in 2010. It was said to be a procedure that would make costs in lower value claims simpler and easier to deal with. Back t...
26/11/21. This appeal considered whether Qualified One Way Costs Shifting (‘QOCS’) could in any way constrain a defendant’s liberty to seek, or the court’s discretionary power to...
24/11/21. In Elgamal v Westminster City Council , the Defendant appealed a judgment following trial to pay the Claimant £125,321.33 in damages for personal injury. The central issu...
25/10/21. This is another case where the court (and parties) have had to consider findings of fact in relation to historic events, in this case with respect to a fatal mesothelio...