Blogs Archive

The Court of Appeal recently handed down judgment in the case of Farley (formerly CR) v Paymaster (1836) Ltd (t/a Equiniti) [2025] EWCA Civ 1117.  The Facts The facts in Farley can be succinctly put. Over 400 current and former officers of the Sussex Police Force sought damages for breach of the GDPR and Data Protection Act 2018 and/or…

Radoslav Pashamov (C) was a farm worker employed by D2, who suffered serious injuries when he was struck by D1’s car while crossing a road.  D2 provided a bus service to ferry employees back from various fields to their lodgings (also owned by D2) and C was on his way home on that bus but…

Introduction In a number of recent cases in which I have been instructed, I have seen Claimant experts seek to argue that a “blotchy” or “mottled” presentation of the vascular component of Hand Arm Vibration Syndrome (“HAVS”) could lead to a positive diagnosis. In June 2025, this issue came to trial in Middlesbrough before HHJ…

Does the Court have jurisdiction over compliance with the Pre-Action Protocol for Low Value RTA Claims (“the Protocol”)? In its decision of 24 June 2025, the Court of Appeal decided in MH Site Maintenance Services Limited and another v James Watson [2025] EWCA Civ 775 that, when proceedings have been issued, the answer is “yes.”…

In the recent Judgment of Edwards and ors v 2 Sisters Food Group Limited [2025] EWHC 1312 (KB), Sir Peter Lane considered causation in work-related COVID-19 claims and the courts’ approach to a summary judgment application where further evidence may yet be adduced by the respondent. This Judgment is of significance for anyone dealing with…

Philip Turton adds to his article on URS Corporation Limited v BDW Trading Limited. This article can be read here. Two weeks ago I wrote about the effect of URS Corporation Limited v BDW Trading Limited [2025] UKSC 21 (“URS Corporation”) on claims for contribution in mesothelioma cases. The effect of the decision in the…

On 3rd June 2025 the Industrial Injuries Advisory Council (IIAC) published research undertaken by the Institute of Occupational Medicine (IOM) in relation to selected malignant and non-malignant respiratory diseases (lung cancer and COPD; other respiratory diseases such as asthma and various types of pneumoconiosis were excluded). The research was commissioned in circumstances where the current list…

In Jonathan Bevan v. Ministry of Defence [2025] EWHC 1145 (KB), Mr. Bevan, a soldier, sought damages for alleged negligent exposure to excessive noise during his participation in testing Ajax armoured vehicles with the Household Cavalry Regiment from 2017 to 2020. Although the Defendant conceded a breach of duty, the trial centred on causation. The claim…

Limitation in Living Mesothelioma Contribution Claims History demonstrates that mesothelioma claims uniquely present particular issues which require careful attention.  The nature of the claims throw up tensions unusual in many other types of claim.  In cases of living victims, the Asbestos List requires such cases to progress to trial expeditiously, where possible.  The same consideration,…

The Court of Appeal is set to consider the correct legal test for imposing a stay on a personal injury claim where a claimant does not wish to undergo a medical test relevant to issues of causation and quantum. The test was previously considered to be the test in Laycock v Lagoe [1997] PIQR 518.…

It is a common feature of most industrial disease litigation that the relevant events often took place a long time ago. A trial judge determining such cases is frequently faced with limited documentary evidence and with evidence from lay witnesses (some of whom may have died before trial) who have limited recall of historic events…

In a recent fatal clinical negligence case that I was involved in, the agreed medical position was that the Deceased would have been unlikely to survive for more than a month after the negligent event that brought about their death. This led to the Defendant disputing the claims for bereavement damages and funeral expenses brought…