Blogs Archive

By a majority of three to two, the Supreme Court has held that the standard of proof for findings of suicide and unlawful killing at an inquest is the balance of probabilities: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46. This is contrary to the general understanding prior to this case…

A recent decision of particular importance to those involved in claims against Highway Authorities – particularly such claims as engage the Authority’s duty under s. 41(1A) of the Highways Act 1980 (“the Act”) – is Smithson v (1) Lynn (2) North Yorkshire County Council [2020] EWHC 2517 (QB). HHJ Gosnell (sitting as a Deputy High Court…

Last month nothing happened and that matters. The International Conference on Concussion in Sport (organised by the Concussion in Sport Group) is a key meeting at which, on a broadly quadrennial basis, a group of approximately 40 experts explore and review the developments in sports related concussion injuries. The 6th Conference was due to take…

The Court of Appeal’s decision in Diriye v Bojaj [2020] EWCA Civ 1400 is of significance to all civil practitioners, and credit hire practitioners in particular. It considered (i) the proper pleading of allegations of impecuniosity in credit hire cases, (ii) whether the Royal Mail “Signed For 1st Class” service is caught by the deeming provision…

In Hamilton v NG Bailey Ltd [2020] EWHC 2910 (QB), the High Court sought clarity from the editors of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases (the “JC Guidelines”) about their proper application in asbestosis and pleural thickening cases. Richard Seabrook of Ropewalk Chambers appeared for the Defendant. The judgment…

In Montgomery v Lanarkshire Health Board [2015] 1 AC 1430, the Supreme Court held that “[t]he doctor is … under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test of materiality is whether, in…

A peer-reviewed study published on 21 October 2020 by academics from the University of Sheffield suggests that workers exposed to diesel fumes or who undertake plumbing, gas fitting, ventilation and welding work may be more likely to suffer from high-grade and high-stage bladder cancers. This finding, albeit from a small-scale study that requires validation, is of…

In Needle v Swallowfield plc [2020] EWHC 2759 (QB), the High Court considered the Manual Handling Operations Regulations 1992 and reiterated that risk of injury is a context-specific question. The Court must have regard to the particular place of employment and the particular employees involved, including their training and experience, in deciding whether a workplace…

Following our recent success in the Legal 500 2021, Chambers’ expertise in the field of industrial disease has again been acknowledged in the latest edition of Chambers & Partners. We are one of only four sets across all circuits to be ranked for Industrial Disease work. Jayne Adams QC and Patrick Limb QC are also individually ranked. The…

Last week HM Senior Coroner John Gittins found that the death of former international footballer, Alan Jarvis, was caused by his participation in professional sport. During the 1960s and 1970s, Mr Jarvis played for Everton, Hull City and Mansfield Town, as well as securing international caps for Wales. He died in 2019 from Alzheimer’s disease,…

Adverse inferences are means by which at least an evidential burden can be placed on the Defendant’s side of the litigation fence. They can be drawn where there is a failure to call witnesses that are available or to adduce documents that should be available. In the personal injury arena, there have been efforts to…

The Fatal Accidents Act 1976 (Remedial) Order 2020 (“the Order”) came into force on 6 October 2020. The effect of the Order is to extend the eligibility for bereavement damages under section 1A of the Fatal Accidents Act 1976 (“the Act”) to cohabiting partners, provided that such partners are able to satisfy the same criteria…