Blogs Archive

Few disputes are as emotionally charged as those concerning the burial of a loved one. In a recent High Court action, the Claimants, two sisters, sought to give effect to their mother’s last wishes, that she be buried alongside their father. The Defendants, their two brothers by a different father, denied any such wishes. The…

Christmas is nearly upon us.  For many, much of December passes by in a frenzy of Christmas shopping and frantic preparations for Christmas Day.  But how much thought do we give to the inherent safety of the products that we are buying (and receiving)? What if one of those products turns out to be unsafe…

This blog addresses extensions of time for serving Particulars of Claim under the Civil Procedure Rules. It is extremely important to note immediately that the issue of time for service of the Claim Form is an entirely separate matter. Service of the Claim Form is regulated very strictly by CPR rules 7.5 and 7.6.  These…

Earlier this year, the Outer House of Scotland’s Court of Session handed down judgment in Gough v Cannons Law Practice [2025] CSOH 28 where the two pursuers sought damages for the loss of a chance to bring novel Aerotoxic Syndrome (“ATS”) claims against their former employers. The cases were brought by former pilots (the pursuers)…

An important, but sometimes overlooked, feature of road traffic litigation is the distinct and preferential damages and costs regime which applies to claims arising from collisions involving motorcycles and which renders considerable benefits to the victims of motorcycle accidents, as “vulnerable road users”, when compared to car drivers and their passengers. The sweeping changes instituted…

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…