Blogs Archive

On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33. The decision is the latest in many higher court decisions regarding the liability of police authorities to the public where they suffer injury. Liability of Public Authorities: A Reminder of the Key…

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…

On 14 March 2024 the Court of Appeal handed down its judgment in White v Secretary of State for Health and Social Care [2024] EWCA Civ 244. The White appeal was one of two cases, heard together, the other being Cuthbert v Taylor Woodrow Construction Holdings. The issue in each case was that of breach…

On 10 April 2024, the High Court handed down its decision in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB). In that judgment the presentation of the Claimant’s claim for personal injury was considered fundamentally dishonest and so was dismissed under section 57 of the Criminal Justice and Courts Act 2015 (“the 2015 Act”). In considering whether…

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…

Following on from our October 2022 Rugby Union article on instrumented mouthguards, World Rugby will now be adopting mouthguards with smart technology that measures the force of impacts to the head in real time during matches. The mouthguards have already been used in the inaugural WXV competition and will be mandatory in World Rugby games…

The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48.  The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal. The judgment can be accessed here. The decision of the Court of Appeal is discussed in the author’s blog…

An award of damages in an asbestosis claim is reasonably substantial, often in the region of six figures. It is almost always made on a provisional basis, a consequence of which is that, unless the return clauses are activated, special damages are usually lower than general damages. Therefore, the award for general damages is likely…

What’s wrong with this picture (taken from this Breathe Freely Toolbox Talk)? Introduction In July of 2023, as I walked from the Combined Court Centre in Sheffield in the company of other disease lawyers, we passed a construction site that bore the impression of compliance with the Construction Design & Management Regulations 2015: a modern,…

Whether assessing the likely award of general damages for pain, suffering and loss of amenity (“PSLA”) on behalf of a Claimant, setting a reserve or considering a Part 36 offer for a Defendant, it is important to ensure that one can be as accurate as possible in the assessment of general damages for PSLA. In…