Blogs Archive

In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010]…

On 3 November 2021 the newly appointed Ritchie J handed down his judgment in Haggerty-Garton v ICI [2021] EWHC 2924 (QB), a mesothelioma case brought in the High Court but, pursuant to a consent order agreed between the First Claimant and the Defendant, subject to Scottish law. The Claimant was the young widow of David Haggerty,…

A claim is being brought against the Rugby Football League (RFL) by a group of 10 ex-professional rugby league players. The claim follows on from the announcement that in December 2020 a letter of claim had been sent in respect of rugby union players considered in this blog. This discussed the news that Rylands Law are…

The first edition of ‘Controlling Noise at Work’ was published in 1998, and was founded on the earlier Noise at Work Regulations 1989. It was comprehensively revised in 2005 in advance of the enactment of the Control of Noise at Work Regulations 2005 from 6 April 2006. Minor amendments to the Regulations, and the passage of…

The Court of Appeal handed down judgment last month allowing the Defendant’s appeal against the decision of Martin Spencer J in the case of Griffiths v TUI UK Ltd. The High Court decision is discussed in the author’s blog entitled “The Limitations of Challenging Uncontroverted Expert Evidence”, which can be read here. The decision of the Court of…

Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued…

It has been a fantastic month for Ropewalk Chambers, following our recent achievements in the Legal 500. Ropewalk Chambers’ expertise in the field of industrial disease has once again been recognised in the latest edition of Chambers & Partners. Ropewalk is one of only four sets across all circuits to be ranked for Industrial Disease. We…

This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis.…

The High Court recently considered the meaning of ‘trespassers’ and the relevance of a person’s state of mind and intention for the purposes of the Occupiers’ Liability Act 1984 in the case of Ovu v London Underground Ltd [2021] EWHC 2733 (QB). Judgment was handed down on 13 October 2021. Factual Background On a freezing cold night…

Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21…

In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered whether and to what extent Defendants can offset ‘costs against costs’ in a QOCS case.  Overturning the Court of Appeal, both below and in Howe v MIB (No.2) [2017] EWCA Civ 932, the Supreme Court accepted that “QOCS is intended to be a complete code…

This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting. In summary, the Court found that: The guideline relied upon by the Claimant did not apply to the procedure that he underwent. In any event, even if it did apply: (a) Derogation from the guideline was not negligent…