Blogs Archive

An award of damages in an asbestosis claim is reasonably substantial, often in the region of six figures. It is almost always made on a provisional basis, a consequence of which is that, unless the return clauses are activated, special damages are usually lower than general damages. Therefore, the award for general damages is likely…

What’s wrong with this picture (taken from this Breathe Freely Toolbox Talk)? Introduction In July of 2023, as I walked from the Combined Court Centre in Sheffield in the company of other disease lawyers, we passed a construction site that bore the impression of compliance with the Construction Design & Management Regulations 2015: a modern,…

Whether assessing the likely award of general damages for pain, suffering and loss of amenity (“PSLA”) on behalf of a Claimant, setting a reserve or considering a Part 36 offer for a Defendant, it is important to ensure that one can be as accurate as possible in the assessment of general damages for PSLA. In…

On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR…

Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance…

Since the late 1990s, the courts have approached the issues of diagnosis and causation of Hand-Arm Vibration Syndrome (“HAVS”), and quantification of general damages, by reference to HAVS’s two constituent components: vascular HAVS and sensorineural HAVS. There is also evidence, however, that hand-transmitted vibration can damage the musculoskeletal system. Vascular HAVS involves damage to the…

In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.  The former…

On 9 May 2023, Ritchie J sitting in the High Court handed down judgment in Woodcock v Chief Constable of Northamptonshire Police [2023] EWHC 1062 (KB) which addressed the question of whether the police had a duty to warn the Claimant that her violent ex-partner was lurking outside her home. A link to the judgment…

This is the first in a series of blogs that I shall be authoring on the Defective Premises Act 1972 (“DPA”) and some of the current trends that I am seeing with claims brought against landlords under s. 4. Introduction  Claims under s. 4 of the DPA have, as a basic ingredient, notice as a…

The risks associated with exposure to vibration from hand-held tools in the workplace have been increasingly well publicised over the last half-century and have resulted in specialist regulation in an effort to reduce injury. Despite that, employees suffering injury as a result of vibration exposure is not a thing of the past. The most recent…

In the recent Northern Irish case of Carberry (Deceased) v Ministry of Defence [2023] NIKB 54, McAlinden J delivered an impressive and lengthy judgment arising from the shooting of the Deceased on 13 November 1974. The circumstances of the case stretch back to the period identified by the judge at [208] as ‘the darkest days…

On 26 April 2023, the Supreme Court handed down judgment in Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15. Having reviewed all the leading authorities of the House of Lords and Supreme Court on vicarious liability from the last twenty or so years, the judgment set out five principles a court should…