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...had his prognosis been known. The judge proceeded on that basis in determining the matter before her: see [22]. The Application By an application notice dated 16 December 2020, the...

...finding that it was more likely than not that Mr Maughan had committed suicide. There was no short-form conclusion of suicide. Proceedings in the Divisional Court Mr Maughan’s brother commenced...

...diagnostic features. Often the claim is commenced on the basis of the recent audiograms and it is only at a later stage that earlier (non-diagnostic) occupational hearing tests come to light....

...stressed the distinction between a statutory duty of care and a common law duty of care. Where a statute contemplates that a duty is delegable, the common law cannot override...

...Personal Injury Cases (the “JC Guidelines”) about their proper application in asbestosis and pleural thickening cases. Richard Seabrook of Ropewalk Chambers appeared for the Defendant. The judgment can be found here.  The...

In his latest article Mark Diggle looks at the application of the rule in Henderson -v- Henderson to applications to amend statements of case. Please click here to read the...

...compensation payments compared with the previous year (although the figure increases to £15m when associated staff costs are included). Given that there is an estimated budget shortfall of £752.6m (£4.5m...

...practitioners, or the position of a locum GP etc.), which complicate a claim directly against the practitioner themself. In those cases, the question arises: can the claimant sue the owner...

...are commonly referred to as “Montgomery consent cases”. Practitioners can be forgiven for initially thinking that the Bolam test has no application in Montgomery consent cases. It is becoming increasingly...

...working for DHL. The claim therefore failed. The judge’s compassionate conclusion at [94]-[98] is worthy of consideration. The Judge’s Thirteen Axioms This was plainly a decision on its own facts. What...

...surprising that the Defendant’s application to rely on the amended Defence was opposed. In considering the application, John Bowers QC sitting as a Deputy Judge of the High Court observed...

...interventions, investigations, screenings, examinations and referrals”. It is of equal application to both mental and physical health. It applies to all interactions about consent, regardless of the setting. This is...