Blogs Archive

Cases alleging fabrication, exaggeration, or malingering in personal injury claims are not uncommon and often result in suspicion amongst the parties. An important tool used by Defendants is covert surveillance. Applications to admit such evidence are invariably vigorously contested. Background In Perrin v Walsh [2025] EWHC 2536 (KB), a personal injury claim following a road…

On Thursday 9th October, the Industrial Injuries Advisory Council (IIAC) published an information note concerning motor neurone disease in professional sportspeople.  The rise in neurodegenerative illnesses among high-profile sportspeople over the last decade has drawn increased attention. This blog has previously covered civil claims by professional athletes, while many sporting authorities have implemented rules and…

In Debbie O’Connell v The Ministry of Defence [2025] EWHC 2301 (KB)the claimant failed in both negligence and strict liability, and further the claim was found to be fundamentally dishonest.  For the purposes of strict liability pursuant to the Animals Act 1971, on s.2(2)(a) it was found that severe injury was not likely to be…

Philip Turton considers the question: What amounts to damage in personal injury cases? Any cause of action in negligence requires three components to be present before it is perfected: a duty of care, breach and proof of damage. In a personal injury case, the damage is the injury. Without proof of that, the cause of…

The greatest power in the world is that of the Soul. Peace is its highest expression. To attain peace, first we must acquire greater mastery over ourselves. We secure then an atmosphere of perfect peace, calm and goodwill that protects and fortifies ourselves and blesses others around us. – Mahatma Gandhi: Discourses on the Gita…

Preface Personal injury lawyers will be well familiar with the concept of contributory negligence. This article is intended to give guidance to practitioners in more unusual cases where assessment of contributory negligence may be more complex than it first appears, focussing particularly on road traffic claims brought by vulnerable road users. General Principles Pursuant to…

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…