Blogs Archive

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…

Victims of child sexual abuse who, later in life, pursue compensation claims, will no longer be required to bring those claims within 3 years of turning 18, nor will they have the burden of proving why their claim (if brought more than 3 years after turning 18) should be allowed to proceed. This was one…

The High Court Mesothelioma List provides for a swift appraisal of asbestos claims at the first Case Management Conference, where it adopts the “show cause” procedure set out in Practice Direction 49B at 49BPD.6.  At this hearing, the court requires the Defendant to identify the evidence and legal argument which provides it with a real…

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…