Blogs Archive

It is well-known that, in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach v Home Office [2010] QB 256. Every case, though, will turn on its own facts (there had been no pre-inquest admission of liability in Roach, for example). Moreover, in…

The Court of Appeal recently handed down a decision of particular interest in noise-induced hearing loss (“NIHL”) claims. Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227 deals with the thorny issue of restoration of a company to the register. Whilst this is not an issue specific to NIHL claims only, it is of particular relevance to…

On 19 September 2019, the Social Security (Industrial Injuries) (Prescribed Disease) Amendment Regulations 2019 were tabled in Parliament. They came into force on 9 December 2019. With their passing, they brought into the spotlight a ‘new’ prescribed disease from the use of vibratory tools at work: Dupuytren’s Contracture. On the back of this, there will inevitably be…

Patrick Limb QC & Gareth McAloon have suceeded in the Court of Appeal for the Appellant in Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110. The Court of Appeal has this morning handed down judgment in this significant decision on a noise-induced hearing loss (“NIHL”) claim in which they have overturned the decision of Garnham J…