The law adopts a nuanced approach to causation in occupational cancer claims. Practitioners dealing with such claims must be alive to the distinctions and difficulties that may arise in this area. This post provides an overview of the application of the different tests for causation, when they apply and their practical implications on case preparation.…
Content by Abigail Scott
23 Mar 2021
In The Trustees Of The Barry Congregation Of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, the court revisited the two-stage test for vicarious liability and considered the application of the tailored close connection test to cases involving adult victims of sexual abuse. The judgment is available here. The Facts In the mid-1980s the Claimant…
21st Nov 2024 @ 12:53
Presented by Alex Denton, Jessica Woodliffe and Abigail Scott, this webinar provides a whistle-stop tour of the most significant and interesting cases in 2020 on liability in the personal injury practice area. Our presenters will be covered everything from Chell v Tarmac Cement and Lime Limited (liability for practical jokes) to Barlow v Wigan MBC (highways maintainable at public expense); from Barclays Bank v…
14 Jan 2021
In Knapman v Carbines [2020] EWHC 3586 (QB), HHJ Cotter QC considered the balancing exercise to be conducted upon a very late application to rely on an expert report. The Context Mr Knapman suffered a severe traumatic brain injury in a road traffic accident in 2013. Liability was admitted and a trial on quantum was…
14 Dec 2020
The Industrial Injuries Advisory Council (IIAC) has announced its intention to conduct a review of selected malignant and non-malignant respiratory diseases and their relationships with occupational exposures. The IIAC is the advisory body responsible for reviewing the Industrial Injuries Disablement Benefit (IIDB) scheme, which supports employees who are disabled as a result of an accident…
09 Oct 2020
In their latest article Philip Turton and Abigail Scott provide commentary on today’s important Court of Appeal decision in Swift v Carpenter [2020] EWCA Civ 1295. To read this article, please click here.