Blogs Archive

Last week saw the publication of this year’s Annual Local Authority Road Maintenance (ALARM) survey. This was the 26th such report commissioned by the Asphalt Industry Alliance (AIA). It is an independent survey of local authority highways departments in England and Wales. The full report can be viewed and downloaded here. Key Findings of the…

Freedman J’s decision in Mather v Ministry of Defence [2021] EWHC 811 (QB) – which can be read here – is interesting for (at least) two reasons. First, it demonstrates the court’s reluctance to order a preliminary issue trial in a complex and novel claim. Secondly, it foreshadows what promises to be a significant disease trial…

Findings of contributory negligence against passengers who fail to wear a seatbelt and those who voluntarily get into a car with a driver under the influence of alcohol or drugs are commonplace. This blog aims to set out the underlying principles for quantifying the appropriate deduction to make in either case and to consider the…

On 25 March 2021 the Industrial Injuries Advisory Council (“IIAC”) published “COVID-19 and occupation: position paper 48” – found here. It will be of interest to disease and personal injury practitioners alike, and a great many other people besides. On 1 April 2021 the BBC reported that: “About one in five people have symptoms of long Covid five weeks…

Thomas Herbert’s article on Lambert J’s decision in Toombes v Mitchell [2020] EWHC 3506 (QB), which considered the correct interpretation of section 1 of the Congenital Disabilities (Civil Liability) Act 1976, has been published in the March 2021 edition of the AvMA Lawyers Service Newsletter. To read the newsletter, please click here. Thomas’s article can be found at pages 5-8.

On 4 March 2021, the Court of Justice of the European Union (“the CJEU”) handed down judgment in Commission v UK (Limit Values – Nitrogen Dioxide) [2021] EUECJ C-664/18. The CJEU declared that the UK had breached certain of its obligations under Directive 2008/50 on ambient air quality and cleaner air for Europe, which entered…

The law adopts a nuanced approach to causation in occupational cancer claims. Practitioners dealing with such claims must be alive to the distinctions and difficulties that may arise in this area. This post provides an overview of the application of the different tests for causation, when they apply and their practical implications on case preparation.…

In Seabrook v Adam [2021] EWCA Civ 382, the Court of Appeal held that a Claimant’s Part 36 offers to accept a ‘discounted’ 90% of his claim for damages to be assessed were not effective when causation was successfully challenged. The full judgment is available here. The claim arose out of a road traffic collision in which the…

In The Trustees Of The Barry Congregation Of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, the court revisited the two-stage test for vicarious liability and considered the application of the tailored close connection test to cases involving adult victims of sexual abuse. The judgment is available here.  The Facts In the mid-1980s the Claimant…

Today, 19 March 2021, the Supreme Court handed down judgment in the conjoined appeals of Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another (T/A Clifton House Residential Home) [2021] UKSC 8. This is an employment law case that will be of real interest to personal injury practitioners. The judgment is available here. The headlines…

An appeal is currently outstanding from the significant decision made on appeal by the High Court in Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB). The Decision at First Instance The proceedings arise out of a claim brought by the Claimant against the Defendant for a gastric illness he suffered whilst on a package…

The topic of consent has been increasingly contentious since the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] AC 1430, which shifted the focus from Bolam-style clinical paternalism to patient autonomy.  On 9 November 2020, the General Medical Council (“GMC”) issued updated guidance on “Decision making and consent”. It is a revision of the core…