Content by Tom Carter

I recently acted in the High Court appeal in Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) which raises some interesting questions about the personal injury landscape after the Enterprise and Regulatory Reform Act 2013. When the Enterprise and Regulatory Reform Act 2013 came into force and personal injury claimants could no longer…

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…

The Court of Appeal has today handed down its judgment in James Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. I acted for the claimant and respondent in the appeal, Mr Churchill. He brought a claim in nuisance against a local authority for the spread of Japanese knotweed onto his land. The…

This blog reviews direct liability for acoustic shock, where the Defendant is an emanation of the state. Take the following scenario: A Claimant works in a call centre and alleges tinnitus caused by spikes of excessive noise from his headset. By reason of section 69 of the Enterprise and Regulatory Reform Act 2013, the Claimant cannot…

Diminution in value is recoverable and causation is not a defence to a claim where there is a continuing nuisance. To view the full Judgement, please click here.

Tom Carter appeared for the Defendant in a high profile unlawful eviction trial reported in the press. The Judgment has been reserved. To read more, please click here.

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 Mental Health Act…

Tom Carter gives his insight into the latest RICS guidance on Japanese Knotweed in his latest article. To read, please click here. To purchase Tom’s book ‘A Practical Guide to the Law in Relation to Japanese Knotweed and Other Invasive Plants’, please click here. Use the discount code KH9R2Q for 10% discount. Tom has recently appeared as…

Tom Carter has recently guested on the Affinity Finance Podcast. In this series, Tom has given his expertise on claims involving damage caused to property by Japanese knotweed. The series includes the following episodes, please click on the links below to listen: Ep1 – Introduction and encroachment Ep2 – Actual and constructive knowledge plus breach of…

On 3rd July 2018, the Court of Appeal Judgment in the case of Williams & Waistell -v- Network Rail Infrastructure Ltd [2018] EWCA Civ 1514 was handed down. Please click here to read Tom Carter’s summary.

Tom Carter’s latest article on Williams -v- The Secretary of State for Business, energy and Industrial Strategy can be found here This article is a synopsis of a Court of Appeal case involving fixed costs where a claimant does not start a claim under the protocol.