Blogs Archive

The Court of Appeal handed down judgment last month allowing the Defendant’s appeal against the decision of Martin Spencer J in the case of Griffiths v TUI UK Ltd. The High Court decision is discussed in the author’s blog entitled “The Limitations of Challenging Uncontroverted Expert Evidence”, which can be read here. The decision of the Court of…

Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued…

It has been a fantastic month for Ropewalk Chambers, following our recent achievements in the Legal 500. Ropewalk Chambers’ expertise in the field of industrial disease has once again been recognised in the latest edition of Chambers & Partners. Ropewalk is one of only four sets across all circuits to be ranked for Industrial Disease. We…

This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis.…

The High Court recently considered the meaning of ‘trespassers’ and the relevance of a person’s state of mind and intention for the purposes of the Occupiers’ Liability Act 1984 in the case of Ovu v London Underground Ltd [2021] EWHC 2733 (QB). Judgment was handed down on 13 October 2021. Factual Background On a freezing cold night…

Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21…

In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered whether and to what extent Defendants can offset ‘costs against costs’ in a QOCS case.  Overturning the Court of Appeal, both below and in Howe v MIB (No.2) [2017] EWCA Civ 932, the Supreme Court accepted that “QOCS is intended to be a complete code…

This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting. In summary, the Court found that: The guideline relied upon by the Claimant did not apply to the procedure that he underwent. In any event, even if it did apply: (a) Derogation from the guideline was not negligent…

Chambers’ expertise in the field of industrial disease has once again been recognised in the latest edition of the Legal 500. We have been described as providing “an excellent service together with outstanding barristers” as well as having “particular specialism related to the areas of industrial disease”. The full entry is here: “Nottingham-headquartered Ropewalk Chambers’…

Ropewalk Chambers is ranked as a top tier set in the field of personal injury in the latest edition of the Legal 500. This is an outstanding achievement for our personal injury barristers. We have been described as offering “an excellent service together with outstanding barristers” with “a team able to advise and represent individuals…

A man with longstanding mental health issues walks into a pub with a can of petrol and a knife. He proceeds to pour the petrol on himself and says he is going to burn the pub down. The police are called, he is arrested and whilst in police custody, he undergoes a Mental Health Act…

On 27 July 2021, the Court of Appeal handed down judgment in Ministry of Defence v Sivaji [2021] EWCA Civ 1163 which addresses the procedural rules for “show cause” hearings under CPR PD3D. Occasionally, judges act unpredictably. This can range from an awkward question to an unexpected costs order. That is all par for the…