I blogged on law and practice in relation to fundamental dishonesty in January 2021, and now update that blog with further dispatches from the front line. The Incidence of Fundamental Dishonesty: An Unscientific Snapshot of 2022 In order to have a sense of how my own experience was mirrored by colleagues in Ropewalk Chambers, I conducted a…
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15 Mar 2023
In Fawcett v TUI UK Ltd [2023] EWHC 400 (KB), Dexter Dias KC, sitting as a Deputy High Court Judge, considered an application by the Claimant to exclude the Defendant’s expert evidence in a personal injury trial. The application was dismissed. Background The Claimant sued the Defendant as administratrix of the estate of her late husband Mr…
14 Mar 2023
This blog reviews the High Court decision in Barry v Ministry of Defence [2023] EWHC 459 (KB) and the ongoing uncertainty surrounding the application of the Moore et al. Guidelines for Diagnosis and Quantification of Military Noise-Induced Hearing Loss. Those who practise in the field of noise induced hearing loss (“NIHL”) are waiting with bated breath for some authoritative…
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14 Mar 2023
Litkraft Ltd v (1) Cottrell (2) Williams (3) Goldsmith [2023] EWHC 465 (Comm) has touched upon, but not decided, whether certain fee sharing arrangements could amount to a probited referral fee under section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”). The court did however decide that a contractual claim for unpaid…
08 Mar 2023
An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners. The judgment in Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB) can be read here. Ms Rianna Read developed cauda equina syndrome following a sudden disc prolapse, which led to a critical stenosis of the spinal canal. On her case, avoidable delays in her…
08 Mar 2023
Those practising in the field of noise induced hearing loss (“NIHL”) will be familiar with the Coles, Lutman and Buffin Guidelines 2000 (“CLB Guidelines”) and the later Lutman, Coles and Buffin Guidelines 2015 (“LCB Guidelines”) published to assist medical and legal practitioners in the diagnosis and quantification of hearing loss, respectively. In February 2022, a…
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03 Feb 2023
Diminution in value is recoverable and causation is not a defence to a claim where there is a continuing nuisance....
21 Dec 2022
Tom Carter appeared for the Defendant in a high profile unlawful eviction trial reported in the press. The Judgment has...
07 Dec 2022
John Campbell represented the successful Rule 6 Party at a public inquiry where controversial proposals for one of the largest solar...
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23rd Sep 2022 @ 14:00
To view the recording, please click here. On 6th April 2021, the 127th Update to the CPR inserted a new Practice Direction 57AC which overhauled the regime for trial witness statements in the Business and Property Courts. The stated purpose was to address a culture where statements had become too lengthy, argumentative and “over lawyered”. This…
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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...