Blogs Archive

Andrew McNamara and Gareth McAloon consider the correct approach to section 33 of the Limitation Act 1980, three years on from the leading case of Carr v Panel Products (Kimpton) Limited [2018] EWCA Civ 190. It is now three and a half years since the noise induced hearing loss case of Carr v Panel Products…

The court in Covey v Harris [2021] EWHC 2211 (QB) acceded to the Defendant’s application to amend its defence to plead fundamental dishonesty made less than a month before trial. Given the court’s refusal of a similar application made by the Defendant in Mustard v Flower [2021] EWHC 846 (QB) (see Philip Davy’s blog here), one questions how…

The question this blog addresses is what to look out for, as “headline points”, in an industrial disease claim with a connection to a foreign jurisdiction: e.g. the alleged wrong was committed in a jurisdiction other than England and Wales, or the consequences, in terms of pain, suffering, and loss of amenity, and financial losses…

In the context of a potentially high value claim following a road traffic accident involving a young Claimant, HHJ Walden-Smith recently refused the Claimant’s application to vacate a trial to be listed in a trial window commencing November 2021 and to stay proceedings. The case was that of Lavender v Liverpool Victoria Insurance Co Ltd [2021]…

In the High Court case of Chan v (1) Peters (2) Advantage Insurance Company Ltd [2021] EWHC 2004 (QB), Cavanagh J took the opportunity to carefully distil the main principles at play when considering liability and contributory negligence in a road traffic accident case. The case concerned a 17-year-old Claimant who was struck by a car…

In this blog, Chris Lowe reviews the current requirements for proving medical causation in NIHL claims, reviewing recent practice in relation to the “Guidelines…” paper and considering the “R3” requirement With an ever-decreasing pool of viable NIHL claims, novel battle grounds inevitably develop. One such battle ground is the so-called ‘sliding-scale’ approach to the requirements…

The single joint expert’s decision can often have a decisive effect upon the viability and outcome of a given claim, particularly a disease claim. If the expert’s opinion is unfavourable, the aggrieved party will want to try and salvage the position. Unfortunately, given how busy single joint experts often are, by the time the report…

In an attempt to modernise an oft-labelled ‘antiquated’ justice sytem, a view more compelling in light of the difficulties faced during the recent COVID-19 pandemic, Her Majesty’s Courts and Tribunals Service (HMCTS) has developed a programme of reform, which has been underway since 2016. The most recent measure to be introduced is the Damages Claims…

In an appeal which raises questions of a trial judge’s evidential analysis, you could be forgiven for assuming that obtaining a transcript of the evidence should be the first job on any appellant file handler’s ‘to do’ list. However, the High Court has confirmed that, in some instances, obtaining a transcript may be unnecessary for…

In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital. The Decision Mr King is a LAMDA-trained actor who has appeared…

In AL (by her Mother and Litigation Friend, S) v Collingwood Insurance Company Ltd [2021] EWHC 1761 (QB), a catastrophic brain injury case, Robin Knowles J provided further guidance to practitioners as to the application of the established principles previously laid down in Eeles v Cobham Hire Services Ltd [2010] 1 WLR 409. In a…

Master Davison closed the door, firmly, on costs budgeting in the Asbestos List in Smith v W Ford & Sons (Contractors) Ltd [2021] EWHC 1749 (QB). Philip Turton reports on the decision. The judgment can be read here. It has long been the practice in the Asbestos List to dispense with costs budgeting. In living mesothelioma claims…