Content by Gareth McAloon

The passing of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) was anticipated to have a profound impact on the way in which employer’s liability claims were litigated. The effect of section 69 was to remove civil liability for breaches of the variety of health and safety regulations which imposed strict liability on employers to…

Gareth McAloon has recently had a guest appearance on an episode of Shoosmith‘s Serious Injury Podcast titled Inquest Process and Care Home Claims. The episode hopes to provide an introduction to the inquest process which we will build upon in future episodes. This episode covers: Inquests and when they arise. Discussion around specific Shoosmiths Serious Injury case examples.…

To view the recording of this webinar, please click here. A review of the duty of disclosure in personal injury and industrial disease cases. We will look at the extent of a party’s duty to disclose, common mistakes which can occur and the consequences which they can have for the litigation as a whole. Topics Covered

In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time…

A ‘public authority’ is generally an entity which possesses the power and ability to intervene in a variety of situations where a private entity would be unable to. Of course, as the saying goes, ‘with great power comes great responsibility’. Plainly, that applies were a public authority has positively acted, and in doing so, causes…

Andrew McNamara and Gareth McAloon consider the correct approach to section 33 of the Limitation Act 1980, three years on from the leading case of Carr v Panel Products (Kimpton) Limited [2018] EWCA Civ 190. It is now three and a half years since the noise induced hearing loss case of Carr v Panel Products…

In the context of a potentially high value claim following a road traffic accident involving a young Claimant, HHJ Walden-Smith recently refused the Claimant’s application to vacate a trial to be listed in a trial window commencing November 2021 and to stay proceedings. The case was that of Lavender v Liverpool Victoria Insurance Co Ltd [2021]…

Claims by secondary victims arising from clinical negligence have for many years been a battleground between Claimants and the NHS, particularly where the psychiatric damage that is the subject of the claim occurs many months after the purported breach of duty in respect of the primary victim. Defendants have routinely fought hard when it comes to…

The recent decision in Mathewson v Crump & Crump [2020] EWHC 3167 (QB) concerned a claim under the Occupiers’ Liability Act 1957. In determining the claim, two particularly interesting features arose: First, there was the fundamental issue of whether the Defendants had control over the property which the Claimant was visiting at the material time…

Followers of our Disease Blog may have noticed a slight trend in some of our posts which have focused on the potential for future claims for damages in respect of early onset dementia and Chronic Traumatic Encephalopathy (“CTE”) for ex-sportsmen and sportswomen. In October, Alex Denton wrote about the decision of HM Senior Coroner John Gittens’…

It may be recalled that we previously blogged on asbestos in schools in June 2020. In that feature, we reported that the Department for Education’s survey, launched in 2018, had revealed that some 87% of the schools that responded  confirmed that they had asbestos in at least one location on their sites. As such, lobbying of…

The Court of Appeal has refused the Claimant permission to appeal the decision of Martin Spencer J in Holmes v S&B Concrete Ltd [2020] EWHC 2277 (QB). Philip Godfrey analysed that decision in an earlier blog post, which can be viewed here.  Permission to appeal was refused on the papers on 17 November 2020 by Floyd…

A recent decision of particular importance to those involved in claims against Highway Authorities – particularly such claims as engage the Authority’s duty under s. 41(1A) of the Highways Act 1980 (“the Act”) – is Smithson v (1) Lynn (2) North Yorkshire County Council [2020] EWHC 2517 (QB). HHJ Gosnell (sitting as a Deputy High Court…

Even during the strange times of this pandemic, there has been a persistent desire to ensure that awareness of asbestos risks is maintained. There is no doubt, however, that the pandemic has curtailed those endeavours. Large sections of the workforce have been placed on furlough and redundancies may well follow.  It was thus unsurprising to see, in…

Jason Cox and Gareth McAloon‘s latest article is an introduction to the use of latest Ogden Tables, explaining the effects and changes of new life expectancy data, calculation of loss of earnings, and an overview on how to navigate the new Tables. This article is split into three parts. The first part will discuss the new Tables…

In July 2019, the All-Party Parliamentary Group on Respiratory Health, in partnership with not-for-profit organisation B&CE, commenced an enquiry into the issue of silicosis in the construction industry. The report was published in April 2020. The fact that the report is entitled “Silica – the next asbestos?” probably tells you something about the level of perceived…

The Court of Appeal recently handed down a decision of particular interest in noise-induced hearing loss (“NIHL”) claims. Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227 deals with the thorny issue of restoration of a company to the register. Whilst this is not an issue specific to NIHL claims only, it is of particular relevance to…

On 19 September 2019, the Social Security (Industrial Injuries) (Prescribed Disease) Amendment Regulations 2019 were tabled in Parliament. They came into force on 9 December 2019. With their passing, they brought into the spotlight a ‘new’ prescribed disease from the use of vibratory tools at work: Dupuytren’s Contracture. On the back of this, there will inevitably be…

Patrick Limb QC & Gareth McAloon have suceeded in the Court of Appeal for the Appellant in Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110. The Court of Appeal has this morning handed down judgment in this significant decision on a noise-induced hearing loss (“NIHL”) claim in which they have overturned the decision of Garnham J…

Patrick Limb QC & Gareth McAloon secure unanimous decision in the Court of Appeal for the Appellant in Mackenzie -v- Alcoa Manufacturing (GB) Limited [2019] EWCA Civ 2110. The Court of Appeal has this morning handed down judgment in this significant decision on a NIHL claim in which they have overturned the decision of Mr…

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