The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal. The judgment can be accessed here. The decision of the Court of Appeal is discussed in the author’s blog…
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09 Nov 2023
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…
09 Oct 2023
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,…
Recent Posts
01 Aug 2023
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…
28 Jul 2023
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…
19 Jul 2023
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…
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29 Nov 2023
The Court of Appeal has today handed down its judgment in James Churchill v Merthyr Tydfil County Borough Council [2023]...
05 Oct 2023
Ropewalk Chambers has once again achieved recognition as a leading set in the 2024 edition of The Legal 500. We...
15 Sep 2023
We are delighted to announce that Georgina Crawford has returned to Chambers, following maternity leave. Her practice also routinely includes...
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21st Sep 2023 @ 16:00
Location: The County Assembly Rooms, 76 Bailgate, Lincoln LN1 3AR We are proud to announce that we will be holding our second conference in Lincoln. Our team of expert barristers will be holding talks on personal injury claims, fixed costs, clinical negligence, and animal owners’ liability. Registration will be at 4:00 pm with talks beginning…
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21st Sep 2023 @ 16:00
This talk was originally given at our Personal Injury & Clinical Negligence Conference Lincoln 2023 on 21 September 2023.
Publications
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21 Apr 2022
Gareth McAloon has recently had a guest appearance on an episode of Shoosmith's Serious Injury Podcast titled Inquest Process and Care Home Claims....
13 Jan 2022
To download a PDF copy of this article, please click here. On 12th January 2022, judgment was handed down in...
29 Sep 2021
Civil practitioners will be well aware of the court’s important power to enforce solicitors’ undertakings summarily. Such undertakings are given...