Blogs Archive

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…

On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR…

Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance…

Since the late 1990s, the courts have approached the issues of diagnosis and causation of Hand-Arm Vibration Syndrome (“HAVS”), and quantification of general damages, by reference to HAVS’s two constituent components: vascular HAVS and sensorineural HAVS. There is also evidence, however, that hand-transmitted vibration can damage the musculoskeletal system. Vascular HAVS involves damage to the…

In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.  The former…

On 9 May 2023, Ritchie J sitting in the High Court handed down judgment in Woodcock v Chief Constable of Northamptonshire Police [2023] EWHC 1062 (KB) which addressed the question of whether the police had a duty to warn the Claimant that her violent ex-partner was lurking outside her home. A link to the judgment…