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...judgment, Waller LJ gave the following helpful guidance as to the application of the modified test at [46]-[47]: “If the evidence demonstrates on a balance of probabilities that the injury...

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18 Jan 2021

In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with...

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02 Mar 2023

...relevant authorities on the application of Galbraith by coroners when directing juries. The Court concluded at [64]-[65] that: As this review of the authorities shows, it is established by authority that is...

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02 Aug 2021

...and the commencement of the trial window, for the Claimant to undergo and complete complex psychiatric treatment which would inform the value of his claim, and further physical rehabilitation which...

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26 Oct 2020

...more common than low-grade bladder cancer in workers from the steel, foundry, metal, engineering and transport industries. Engineering and metal workers also had higher than expected risks of certain high-risk...

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...died on 1 July 2015. However, whilst dismissing the application and noting the complex state of the law on this issue, the Master also gave the Defendant permission to appeal...

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...protracted and complicated psychiatric medical history, Defendants may well face an uphill struggle in persuading the Court that the Claimant’s complaint is motivated by dishonesty, as opposed to a genuinely...

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13 Sep 2021

...of those cases. On 19 August 2020, the parties to a mesothelioma case attended a CMC before HHJ Gore QC, expecting to deal with consequential orders arising from an application...

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13 Jan 2022

...between Tarmac’s employees and Roltec employees – such tensions had eased in the time shortly before the incident; v. Whilst the appellant and his brother stated they had complained about...

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30 Mar 2023

...in mitigation. In those cases in which dismissal of the claim is followed by criminal proceedings or an application for committal for contempt, as happens from time to time (as...

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14 Dec 2020

...and will involve a comprehensive review and evaluation of relevant literature, including epidemiology. The first phase of the review will aim to identify those industries, occupations and exposures associated with...

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19 Jan 2021

...renewed application to the Court of Appeal, Simler LJ refused permission to appeal on the papers. The Claimant accordingly made an application under CPR 52.30, whereby the Court of Appeal...

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