Content by Lee Collishaw

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…

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…

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…

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…

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…

This blog reviews the forthcoming changes to the QOCS regime which will reverse the effect of Ho v Adelekun [2021] UKSC 43 and other recent cases. The Civil Procedure (Amendment) Rules 2023/105 (for brevity, ‘the Amendment Rules’) are about to amend the CPR’s QOCS provisions in an apparent attempt to negate the effects of various recent authorities,…

In Mundy v TUI UK Ltd [2023] EWHC 385 (Ch) (judgment available here), Collins Rice J heard an appeal which considered the implications of the Claimant’s Part 36 offer to split “liability” at 90%/10%. The Facts in Mundy The matter arose out of a claim for damages for ‘holiday sickness’ when the Claimant went on an all-inclusive package holiday…

This blog reviews the “Galbraith Plus” direction in light of the recent decision in R (Police Officer B50) v HM Coroner for East Yorkshire and Kingston Upon Hull [2023] EWHC 81 (Admin) (judgment here). In the case of B50, the Divisional Court considered whether it was safe to leave the conclusion of unlawful killing to an inquest jury. In still deciding the…

Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out ‘drylining’, namely putting…

This blog reviews direct liability for acoustic shock, where the Defendant is an emanation of the state. Take the following scenario: A Claimant works in a call centre and alleges tinnitus caused by spikes of excessive noise from his headset. By reason of section 69 of the Enterprise and Regulatory Reform Act 2013, the Claimant cannot…

Diminution in value is recoverable and causation is not a defence to a claim where there is a continuing nuisance. To view the full Judgement, please click here.

In Rabot v Hassam; Briggs v Laditan [2023] EWCA Civ 19 the Court of Appeal considered how to assess quantum for pain, suffering and loss of amenity (“PSLA”) where a claimant suffers whiplash injury which falls within the scope of the fixed tariff system contained within the Whiplash Injury Regulations 2021 (“the Regulations”), pursuant to the Civil Liability Act 2018 (“the…

In a case believed to be the first of its kind, a South Wales coroner has ruled that a death from COVID-19 constitutes death from an industrial disease. The inquest, listed before the Senior Coroner for South Wales Central, and enquiring into the deaths of two nurses, Gareth Roberts and Domingo David, each of whom died…

Two important recent cases have grappled with the issue of how qualified one-way costs shifting (“QOCS”) affects the situation where a defendant’s offer is belatedly accepted. Can the defendant enforce a costs order against the settlement sum? The issue arises because the core QOCS provision, CPR 44.14, as it presently stands is worded as follows:…

Tom Carter appeared for the Defendant in a high profile unlawful eviction trial reported in the press. The Judgment has been reserved. To read more, please click here.

John Campbell represented the successful Rule 6 Party at a public inquiry where controversial proposals for one of the largest solar farm projects in the UK were dismissed and a costs order made against the developer for “unreasonable behaviour”. You can read more about the case here: BBC News Derby Telegraph

Ex turpi causa non oritur actio literally translates to ‘the action does not arise from a shameful cause’. In other words, as stated by Lord Mansfield CJ in Holman v Johnson (1775) 1 Cowp 341, 343: “no court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act”.…

Philip Turton, counsel for the Defendant in the case, offers an appraisal of the recent judgment of Jeremy Hyam KC, sitting as a Deputy Judge of the High Court, in White v Secretary of State for Health and Social Care [2022] EWHC 3082 (KB). The judgment can be read here. Thomas White was yet another victim of mesothelioma,…

On 10 November 2022, in the High Court, King’s Bench Division, Damian Powell, instructed by James Traynor of Plexus Law, appeared on behalf of the Defendant’s insurer at an assessment of damages hearing in an asbestosis claim. On 24 November 2022, HHJ Blair KC (sitting as a Judge of the High Court), handed down his judgment arising…

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The last 12 months have seen political and economic changes which would have been hard to imagine even a few years ago. Everyone will have their own views of how we have got into this position but this short blog focuses on how this turmoil might affect presentation and resolution of personal injury claims. Interest…

On 16 November 2022, the Industrial Injuries Advisory Council (IIAC) published its “COVID-19 and Occupational Impacts” paper. Since the start of the COVID-19 pandemic, the IIAC has been continually reviewing and assessing the rapidly accruing scientific evidence on the occupational risks of COVID-19 and an interim position paper was published in February 2021. In its…

On 25 October 2022, the High Court handed down judgment in the case of BAE Systems Marine Ltd v Alfa Laval Ltd [2022] EWHC 2686 (KB) dismissing BAE’s claim for contribution pursuant to section 1(1) of the Civil Liability (Contribution) Act 1978. Kam Jaspal, instructed by Clyde & Co, represented the Defendant. A link to the judgment…

The past decade has seen incremental expansion in the scope of the duty of care imposed on public authorities, from the imposition of vicarious liability in Armes v Nottingham City Council [2018] AC 355 to the confirmation that there is no public interest special immunity for police in Robinson v Chief Constable of West Yorkshire Police [2018] AC 736.…

We would like to extend our congratulations to Georgina Crawford who has been appointed as a Deputy District Judge sitting in the Midlands Circuit sitting on the Midlands Circuit. Georgina is typically instructed in catastrophic and other high-value claims in the High Court and multi-track matters in the County Court.  Her particular expertise is in Animals…

We would like to extend our congratulations to Cassandra Williams who has been appointed as a Deputy District Judge sitting on the Midlands Circuit. Cassandra has a successful civil law practice predominantly specialising in cases involving personal injury, disease and medical negligence.  Cassandra will continue to practise in Chambers whilst carrying out her part-time judicial work.

We would like to extend our congratulations to Georgina Cursham who has been appointed as a Deputy District Judge sitting on the Midlands Circuit. Georgina has a wide-ranging personal injury and clinical negligence practice, with a particular focus on catastrophic injury and fatal accident claims. She is esteemed for her specialist expertise in personal injury claims…

In another step forward, the use of Instrumented Mouthguards (iMGs) is being included by the RFU in their mission to reduce players’ risk of concussion.  Following research across the 2020/21 season using Harlequins and other men’s and women’s top tier teams, iMGs are to be offered to all elite English teams this season. The RFU,…

The diagnosis and treatment of suspected strokes and transient ischaemic attacks (TIAs) is a very broad topic. Depending on the context, determination of the issue of breach of duty is likely to involve consideration of relevant NICE guidance and individual NHS Trust guidelines. It is invariably fact-sensitive and involves detailed expert evidence. Even when breach…

Together with Alistair McHenry of Tyr Law, Philip Turton is the author of Chapter 18, “Personal Injury”. “Football and the Law”, by Nick de Marco KC of Blackstone Chambers is the leading textbook on the subject and the only comprehensive review of the law relating to all aspects of football in the world, including all the main regulatory and…

It has been another outstanding year for Ropewalk Chambers in the Legal 500 UK 2023 rankings. We continue to demonstrate our position as market-leaders in multiple areas of law by ranking as a ‘Top Tier’ set in multiple areas.   The annual rankings are recognised as highlighting outstanding practice in the areas listed and is a…

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 seminar will provide an overview of…

This blog was written by Philip Godfrey of Ropewalk Chambers and Christine Allen of Weightmans. In a recent appeal in the case of Thrush v RG Buckle before HHJ Gosnell sitting in the County Court at Leeds, the issue of disclosure of occupational health records held by unpursued employers was considered by the Court. Philip Godfrey,…

We extend our warmest congratulation to Jonathan Owen, who has been appointed a Circuit Judge, with effect from 22 August 2022.  Jonathan has been deployed to the Midlands Circuit, based at Nottingham County Court. Jonathan was called to the Bar in 2004 and developed a highly successful practice at Ropewalk Chambers, across a broad range…

There is a paucity of reported decisions addressing the question of what the applicable standard of care is in cases involving negligent medical treatment carried out outside of the UK. There is considerable authority on the applicable standard of care in cases involving accidents occurring during package holidays to foreign destinations. It is a firmly…

On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek…

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…

Both s. 13 of the Data Protection Act 1998 (“DPA 98”) and Art. 82 of the General Data Protection Regulation (“GDPR”) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s. 168 of the Data Protection Act 2018…

Benjamin Franklin held that death, along with taxes, were the only certainties. When the former occurs after a cause of action in a personal injury claim has arisen there will be consequences for that claim. When a person who is, or was intended to be, a party to a personal injury claim dies (so we…

We are delighted to announce that two of our barristers have been shortlisted in the Legal 500 Bar Awards 2022. Jayne Adams QC has is shortlisted for Personal Injury Silk of the Year. Philip Davy is shortlisted for Personal Injury Junior of the Year. We would like to take this opportunity to thank our clients and colleagues,…

Prior to the introduction of s. 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015), the court would disallow the dishonest elements but allow the honest elements of the claim. However, in the course of three short years (during which the decision in Summers v Fairclough Homes [2012] 1 WLR 2004 was handed down,…

Philip Turton reviews a recent HSE prosecution arising from a failure properly to assess vibration exposure at work. In May 2022, Westbridge Furniture Designs Limited were prosecuted by Her Majesty’s Health and Safety Executive for failure to undertake sufficient risk assessments in relation to their use of vibrating tools and failure to maintain adequate controls…

On 20 May 2022 Master Davison handed down judgment in the case of Brooks v Zurich Insurance PLC and Aviva Insurance (UK) Ltd, dismissing the Defendants’ application for summary judgment against the Claimant on the ground that he had wrongly brought proceedings against the insurers pursuant to the provisions of The Third Parties (Rights Against…

Service of an Unsealed Claim Form Ideal Shopping Direct Limited & Ors v Mastercard Inc & Ors [2022] 1 WLR 1541 The sealing of court documents is governed by CPR 2: 2.6       (1) The court must seal the following documents on issue – (a) the claim form; and (b) any other document which a rule or…

It is imperative when embarking upon the preliminary stages of bringing a claim that claimants and their legal advisors are fully aware of the procedural requirements to effect good service upon any proposed defendant. Failing to do so can have grave consequences. This serious of articles will explore some of the common errors and pitfalls…

There was no doubting that it was a “cruel combination of circumstances” when a cherry tree that had been growing on land immediately adjacent to a dual carriageway, suddenly fell directly onto Mr Hoyle’s car the exact moment he was driving past. Mr Hoyle sadly died at the scene. A claim under the Fatal Accidents…

Disputing the Joint Engineering Evidence: The Latest ‘Round’ in the Battle Between Claimants and Defendants in Noise-Induced Hearing Loss Claims? Donald Round v West Midlands Travel Ltd, County Court at Walsall, 7-10 March 2022. Summary Damian Powell, instructed by Ian Coppell of Weightmans LLP Liverpool, recently appeared for the Defendant in the trial of the above…

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. This webinar will provide a whistle-stop tour of the most significant and interesting cases in 2021 on liability in the personal injury practice area.

The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence: so reported the BBC in January 2020 following a Freedom of Information Request. Estimates published in 2019 put the total cost of outstanding compensation claims at £83bn; NHS England’s total budget in 2018-19 was £129bn. Over the same…

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

To view the recording of this webinar, please click here. Richard Seabrook will address the procedural hurdles, and evidential opportunities and the limitations of expert evidence and consider how and where it can and can’t be used to elicit expert opinion evidence in relation to the causes of RTAs. We are delighted to be co-presenting this webinar with…

To view the recording of this webinar, please click here. Slipping and tripping accidents can happen anywhere. In practice, they largely occur either in premises or on the highway. This ‘back to basics’ webinar considers the legal principles and evidential requirements that apply to claims arising out of such accidents, including duty, breach, the burden and standard…

The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context. This…

To view the recording of this webinar, please click here. A webinar on the recent Court of Appeal decision on the proper application of s2(2)(b) of the Animals Act 1972, and the interface between 2(2)(b) characteristics, and 2(2)(c) knowledge. The decision comes almost 20 years after the House of Lords case of Mirvahedy stunned the rural…

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…

In serious personal injury cases, the claim for future commercial care and case management is typically the most valuable and hotly-contested head of loss. In this blog I offer practical guidance to those involved in such claims as to how to deal with what has been recognised as a “perfect storm” of difficulties in recruiting…

Philip Turton considers the decision of Lord Uist in the Scottish mesothelioma case of Watt v Lend Lease Construction (Europe) Ltd [2022] CSOH 23, an interesting decision from north of the border (judgment here). Nicola Watt was the widow of James Watt who died of mesothelioma in 2017. She brought a claim against his former employers, who…

As lawyers representing parties in clinical negligence cases, we will often encounter scenarios where the injured party has been involved in a road traffic accident or an accident at work and subsequently seeks medical assistance for the purpose of treating their injuries. As a result of negligent medical treatment, the Claimant’s injuries are aggravated, or…

It is often the case, in law, that the person who actually commits a tort lacks the means to meet a judgment or otherwise presents as an undesirable Defendant from a Claimant’s point of view. The law has long recognised the strong policy reasons behind forms of distributive justice, most obviously in the case of…

This blog looks at Functional Neurological Disorder (“FND”): what it is, how it is diagnosed, what medico-legal issues arise, and potential treatments. What is FND? FND is an umbrella term which can cover a whole spectrum of symptoms that do not arise as a consequence of neurological pathology. Historically, what we now call FND has…

On 31 January 2022 the Department of Health and Social Care published a consultation document setting out its proposals to introduce mandatory fixed recoverable costs and a new “streamlined” process for lower value clinical negligence claims.  The below article sets out the background to, aims of and rationale behind that document before summarising the key…

When you call for an ambulance, you generally want it now. To you, it’s an emergency and an emergency requires an immediate response. The reality of a modern NHS generally and Ambulance Trusts specifically mean that such an expectation is rarely met. Thankfully, in the vast majority of cases the timing of the arrival of…

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…

On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of…

On 14 January 2022, the Court of Appeal handed down judgment in Aviva Insurance Ltd & Anor v Secretary of State for Work and Pensions [2022] EWCA Civ 15 which concerns the compatibility of certain aspects of the Compensation Recovery Unit (“CRU”) scheme and the rights of the claimant insurance companies under Article 1 of the First…

On 16 May 2017 Mrs Hazel Brown tragically drowned when her car left the C164 highway near Redruth in Cornwall and entered the Stithians Reservoir. This case concerned a fatal accident claim by her family against the two occupiers of the reservoir and against the local highway authority. At first instance, before HHJ Allan Gore QC…

A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together,…

The question of who can claim for “nervous shock” is upon us again. The issue is one which has periodically ventured as far as the House of Lords, since the decision in Bourhill v Young [1943] AC 92 and, following the decision of the Court of Appeal in the conjoined cases of Paul v Royal…

To download a PDF copy of this article, please click here. On 12th January 2022, judgment was handed down in Andrew Chell v Tarmac Cement and Lime Limited [2022] EWCA Civ 7. This was the second appeal from the decision of HHJ Rawlings (“the judge”) sitting at Stoke-on-Trent County Court on 14 October 2019. He…

In Campbell v Advantage Insurance Co [2021] EWCA Civ 1698 the Court of Appeal has given guidance on the assessment of passengers’ contributory negligence in drink-driver cases.  The Facts Dean Brown had driven the claimant, Lyum Campbell, and Dean’s brother, Aaron Brown, to a club. All three consumed significant quantities of alcohol and in the…

It is not uncommon for a losing party to be disgruntled by the outcome of his/her case. However, the majority of the time, the findings of fact which have brought a judge to their conclusion will be unimpeachable and the reasons given, whilst potentially contrary to the beliefs of the losing party, will be sufficiently…

What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021.…

On 19 November 2021 the Court of Appeal handed down judgment in an important decision on an employer’s liability claim for damages for personal injury suffered by an Assistant Head Teacher who was assaulted by a pupil. Dingemans LJ gave the sole reasoned judgment, with which Andrews and Arnold LJJ agreed, dismissing the Claimant’s appeal…

On Friday 12 November 2021, HHJ Melissa Clarke, sitting as a Judge of the High Court, dismissed the claim of Terence Ward. Mr Ward sought damages for lung cancer which he contended had been caused by exposure to asbestos in the course of two periods of employment, the first with Burroughs Wellcome & Co between 1969…

In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010]…

On 3 November 2021 the newly appointed Ritchie J handed down his judgment in Haggerty-Garton v ICI [2021] EWHC 2924 (QB), a mesothelioma case brought in the High Court but, pursuant to a consent order agreed between the First Claimant and the Defendant, subject to Scottish law. The Claimant was the young widow of David Haggerty,…

A claim is being brought against the Rugby Football League (RFL) by a group of 10 ex-professional rugby league players. The claim follows on from the announcement that in December 2020 a letter of claim had been sent in respect of rugby union players considered in this blog. This discussed the news that Rylands Law are…

The first edition of ‘Controlling Noise at Work’ was published in 1998, and was founded on the earlier Noise at Work Regulations 1989. It was comprehensively revised in 2005 in advance of the enactment of the Control of Noise at Work Regulations 2005 from 6 April 2006. Minor amendments to the Regulations, and the passage of…

The Court of Appeal handed down judgment last month allowing the Defendant’s appeal against the decision of Martin Spencer J in the case of Griffiths v TUI UK Ltd. The High Court decision is discussed in the author’s blog entitled “The Limitations of Challenging Uncontroverted Expert Evidence”, which can be read here. The decision of the Court of…

Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued…

It has been a fantastic month for Ropewalk Chambers, following our recent achievements in the Legal 500. Ropewalk Chambers’ expertise in the field of industrial disease has once again been recognised in the latest edition of Chambers & Partners. Ropewalk is one of only four sets across all circuits to be ranked for Industrial Disease. We…

This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis.…

The High Court recently considered the meaning of ‘trespassers’ and the relevance of a person’s state of mind and intention for the purposes of the Occupiers’ Liability Act 1984 in the case of Ovu v London Underground Ltd [2021] EWHC 2733 (QB). Judgment was handed down on 13 October 2021. Factual Background On a freezing cold night…

Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21…

In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered whether and to what extent Defendants can offset ‘costs against costs’ in a QOCS case.  Overturning the Court of Appeal, both below and in Howe v MIB (No.2) [2017] EWCA Civ 932, the Supreme Court accepted that “QOCS is intended to be a complete code…

This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting. In summary, the Court found that: The guideline relied upon by the Claimant did not apply to the procedure that he underwent. In any event, even if it did apply: (a) Derogation from the guideline was not negligent…

Chambers’ expertise in the field of industrial disease has once again been recognised in the latest edition of the Legal 500. We have been described as providing “an excellent service together with outstanding barristers” as well as having “particular specialism related to the areas of industrial disease”. The full entry is here: “Nottingham-headquartered Ropewalk Chambers’…

Ropewalk Chambers is ranked as a top tier set in the field of personal injury in the latest edition of the Legal 500. This is an outstanding achievement for our personal injury barristers. We have been described as offering “an excellent service together with outstanding barristers” with “a team able to advise and represent individuals…

Civil practitioners will be well aware of the court’s important power to enforce solicitors’ undertakings summarily. Such undertakings are given in a wide range of situations but particularly conveyancing and litigation. Solicitors are held to the highest standards of professional conduct because they are officers of the court. Rapid summary enforcement of solicitors’ undertakings underpins,…

A man with longstanding mental health issues walks into a pub with a can of petrol and a knife. He proceeds to pour the petrol on himself and says he is going to burn the pub down. The police are called, he is arrested and whilst in police custody, he undergoes a Mental Health Act…

On 27 July 2021, the Court of Appeal handed down judgment in Ministry of Defence v Sivaji [2021] EWCA Civ 1163 which addresses the procedural rules for “show cause” hearings under CPR PD3D. Occasionally, judges act unpredictably. This can range from an awkward question to an unexpected costs order. That is all par for the…

For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was ‘on the move’. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX…

“…it will be rare for a claim to be fundamentally dishonest without the Claimant also being fundamentally dishonest, although that might be a theoretical possibility, at least“ When Julian Knowles J made the above observation in London Organising Committee of the Olympic and Paralympic Games (in liquidation) v Sinfield [2018] EWHC 501 (QB) it was…

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…

The court in Covey v Harris [2021] EWHC 2211 (QB) acceded to the Defendant’s application to amend its defence to plead fundamental dishonesty made less than a month before trial. Given the court’s refusal of a similar application made by the Defendant in Mustard v Flower [2021] EWHC 846 (QB) (see Philip Davy’s blog here), one questions how…

The question this blog addresses is what to look out for, as “headline points”, in an industrial disease claim with a connection to a foreign jurisdiction: e.g. the alleged wrong was committed in a jurisdiction other than England and Wales, or the consequences, in terms of pain, suffering, and loss of amenity, and financial losses…

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]…

In the High Court case of Chan v (1) Peters (2) Advantage Insurance Company Ltd [2021] EWHC 2004 (QB), Cavanagh J took the opportunity to carefully distil the main principles at play when considering liability and contributory negligence in a road traffic accident case. The case concerned a 17-year-old Claimant who was struck by a car…

In this blog, Chris Lowe reviews the current requirements for proving medical causation in NIHL claims, reviewing recent practice in relation to the “Guidelines…” paper and considering the “R3” requirement With an ever-decreasing pool of viable NIHL claims, novel battle grounds inevitably develop. One such battle ground is the so-called ‘sliding-scale’ approach to the requirements…

An in-depth look at the circumstances in which care and case management is required, the principles to be applied in determining what is reasonably recoverable and the practical steps necessary to achieve the appropriate care regime. To view the recording of this webinar, please click here.

The single joint expert’s decision can often have a decisive effect upon the viability and outcome of a given claim, particularly a disease claim. If the expert’s opinion is unfavourable, the aggrieved party will want to try and salvage the position. Unfortunately, given how busy single joint experts often are, by the time the report…

In an attempt to modernise an oft-labelled ‘antiquated’ justice sytem, a view more compelling in light of the difficulties faced during the recent COVID-19 pandemic, Her Majesty’s Courts and Tribunals Service (HMCTS) has developed a programme of reform, which has been underway since 2016. The most recent measure to be introduced is the Damages Claims…

In an appeal which raises questions of a trial judge’s evidential analysis, you could be forgiven for assuming that obtaining a transcript of the evidence should be the first job on any appellant file handler’s ‘to do’ list. However, the High Court has confirmed that, in some instances, obtaining a transcript may be unnecessary for…

Spinal Cord Injury is never but one injury: it causes a range of significant problems. This webinar addresses how ‘across-the-board’ case-planning best secures tailor-made outcomes. Agenda To view the recording for this webinar, please click here.

In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital. The Decision Mr King is a LAMDA-trained actor who has appeared…

During this webinar Richard Seabrook of Ropewalk Chambers provides an overview of lower limb amputation claims. Our guest speaker Jamie Gillespie from Pace Electronic Rehabilitation will cover microprocessor controlled knee joints and arm prostheses are well established and commonly used within prosthetic rehabilitation. Intelligent microprocessor controlled feet whilst not new, continue to be an area of discussion within legal…

Tom Carter gives his insight into the latest RICS guidance on Japanese Knotweed in his latest article. To read, please click here. To purchase Tom’s book ‘A Practical Guide to the Law in Relation to Japanese Knotweed and Other Invasive Plants’, please click here. Use the discount code KH9R2Q for 10% discount. Tom has recently appeared as…

This webinar focused on two recent developments of importance in many serious injury cases. Agenda Ogden 8 Accommodation To view the recording of this webinar, please click here.

In AL (by her Mother and Litigation Friend, S) v Collingwood Insurance Company Ltd [2021] EWHC 1761 (QB), a catastrophic brain injury case, Robin Knowles J provided further guidance to practitioners as to the application of the established principles previously laid down in Eeles v Cobham Hire Services Ltd [2010] 1 WLR 409. In a…

Master Davison closed the door, firmly, on costs budgeting in the Asbestos List in Smith v W Ford & Sons (Contractors) Ltd [2021] EWHC 1749 (QB). Philip Turton reports on the decision. The judgment can be read here. It has long been the practice in the Asbestos List to dispense with costs budgeting. In living mesothelioma claims…

“That the tort of negligence is a mess goes almost without saying.” So said David Ibbetson in How the Romans Did for Us: Ancient Roots of the Tort of Negligence (2003) 26 UNSWLJ 475. As James Plunkett put it in The Duty of Care in Negligence (Hart Publishing, 2018), p. 76:  “Since Donoghue v Stevenson…

In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows’ appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the ‘scope of duty principle’ in the tort of negligence. The judgment can be read here. This short blog looks at the majority’s…

In TUI v Morgan [2021] PIQR P12, the Respondent, Mrs Morgan, sustained injury whilst on a package holiday to Mauritius, which she purchased from the Appellant, TUI. She was walking along an outdoor, unlit sun terrace at the hotel where she was staying when she collided with a heavy wooden sunbed, fell and sustained injuries…

In this blog, Nik Arora reviews the decision in Moutarde v SIG Logistics to limit the Claimant’s success fee in a mesothelioma claim to 27.5%. Q. When is a trial not a trial? A. When it’s a discrete dispute about costs. In the case of Moutarde v SIG Logistics [2021] EWHC 1670 (QB) Calver J refused…

On 27 November 2020, the High Court handed down judgment in James West v Joseph Olakanpo [2020] EWHC 3830 (QB) which concerns both dishonesty and the ‘exceptional circumstances’ test for costs exceeding fixed costs in low value personal injury claims under rule 45.29J of the Civil Procedure Rules. Rule 45.29J Section IIIA of Part 45 applies…

In May 2021, following preparation by an advisory working group of its Professional Standards Unit, the British Psychological Society, Division of Neuropsychology, published Good Practice Guidelines on the recording of neuropsychological examinations and testing under the title “Guidance on the Recording of Neuropsychological Testing in Medicolegal Settings”. The Guidance is aimed at Clinical Neuropsychologists undertaking…

Show me that you can divide the notes of a song; But first, show me that you can discern Between what can be divided And what cannot. – An anonymous musical composition inspired by a classical Sanskrit poem1 Introduction Two questions that often arise in disease litigation are whether a condition is divisible or indivisible…

The Department for Culture, Media and Sport (DCMS) Concussion in Sport Inquiry committee has been holding consultations with leading experts, former professional sports athletes, the Chief Medical Officers and Chief Executives of Sports Governing Bodies as well as charities and campaigners to fully investigate brain injury in sport. The authors recently explored gender differences in…

Toby Stewart, Sarah Hopkinson and Kate Longson look back to the leading House of Lords decision in Baker v Quantum Clothing Group Ltd [2011] 1 WLR 1003 and discuss how the concepts of risk and acceptable limits of exposure now operate in modern day disease litigation. NIHL and the Code of Practice for Reducing Exposure of Employed…

A good month for claimants in historic asbestos claims continues. Coming shortly after Scarborough College Ltd v Winter [2021] EWHC 1549 (QB), in which a Show Cause finding in a claimant’s favour was undisturbed on appeal (as discussed by Philip Godfrey and Alexandra Pountney recently on this blog), Sparkes v London Pension Funds Authority & Leigh Academies…

Imagine the following scenario. A patient, known to have mental health issues, has been consenting to a proposed or potential course of medical treatment. Then, as the need to embark on that treatment crystalizes and becomes urgent, consent is withdrawn. The treatment proposed is considered necessary to avoid a potentially fatal outcome for the patient.…

In PAL (a child by her mother and litigation friend COL) v Davison [2021] EWHC 1108 (QB) (judgment here), Yip J granted the Claimant’s application and ordered a further interim payment in the sum of £2 million to fund the purchase and adaptation of long-term accommodation that would adequately meet the Claimant’s needs. The decision…

The issue of concussion in sport is frequently in the news at the moment. The risks and consequences of concussion have been highlighted in rugby, football, boxing and many other sports. However, the vast majority of these issues have been focussed on male participants. However, a recent study available on the JAMA network, a free…

In Scarborough College Ltd v Winter [2021] EWHC 1549 (QB), the High Court considered an appeal by a Defendant against the decision of a Master to enter judgment under CPR PD3D (the show cause procedure). The appeal was dismissed. Cavanagh J held that Judgment had been appropriately entered. The Facts The Claimant, now deceased, was a…

I am sure that in our Brave New Covid World my dogs are not the only dogs who roll their eyes when I announce it’s time for (yet another) walkies. But where does the huge increase in the use of public rights of way leave our landowners, or more specifically the ‘keepers’ of animals, when…

The development of a highly accurate saliva test to diagnose concussion in elite male rugby players has been labelled “game-changing” by Professor Antonio Belli, Chief Investigator of the study SCRUM (Study of Concussion in Rugby Union through MicroRNAs). Having previously identified that the “… concentration of specific molecules in saliva changes rapidly after a traumatic brain injury“, the…

Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The…

In a case concerning a child or protected party, during the period between its purported acceptance and approval under CPR Part 21, a Part 36 offer is – much like Schrödinger’s cat – in a state of superposition: it is both accepted but not binding (i.e. liable to be withdrawn). The grounds on which such…

In March, as part of the Ropewalk Chambers’ Spring Webinar series, Philip Turton and Katie McFarlane reviewed the law relating to secondary victims in light of the decisions in Paul v The Royal Wolverhampton NHS Trust [2020] PIQR P19 and Polmear v Royal Cornwall Hospital NHS Trust [2021] EWHC 196 (QB). The webinar can be viewed…

In December 2020, HM Assistant Coroner for Inner South London, Philip Barlow, concluded that air pollution contributed to nine-year-old Ella Adoo Kissi-Debrah’s death in 2013. Thomas Herbert’s blog on that decision can be read here. The Assistant Coroner has now issued a Prevention of Future Deaths report dated 20 April 2021, which can be read…

The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582.…

Anyone practising in employer’s liability personal injury litigation will be familiar with the strict approach to liability for work equipment imposed by the Provision and Use of Work Equipment Regulations 1998 (“PUWER”). Regulation 5 of PUWER imposed strict liability in relation to defective equipment, arising from the extremely well-known decision in Stark v Post Office…

The mustard flower is simple and delicate. The mustard seed, on the other hand, packs more of a punch. Pleadings of fundamental dishonesty in cases where there is no strong evidence (such as damaging surveillance) of a claimant’s fraud should, it seems, be more like the former than the latter. Background In 2017, the Court…

In Negus v Guy’s and St Thomas’ NHS Foundation Trust [2021] EWHC 643 (QB), the High Court considered whether an NHS Trust was responsible for the Claimant’s death, where it was alleged that during cardiac surgery a 19 mm mechanical valve was implanted instead of a larger valve. The Claimant underwent a further operation a year…

In Negus v Guy’s and St Thomas’ NHS Foundation Trust [2021] EWHC 643 (QB), the High Court considered whether an NHS Trust was responsible for the Claimant’s death, where it was alleged that during cardiac surgery a 19 mm mechanical valve was implanted instead of a larger valve. The Claimant underwent a further operation a year…

Last week saw the publication of this year’s Annual Local Authority Road Maintenance (ALARM) survey. This was the 26th such report commissioned by the Asphalt Industry Alliance (AIA). It is an independent survey of local authority highways departments in England and Wales. The full report can be viewed and downloaded here. Key Findings of the…

Freedman J’s decision in Mather v Ministry of Defence [2021] EWHC 811 (QB) – which can be read here – is interesting for (at least) two reasons. First, it demonstrates the court’s reluctance to order a preliminary issue trial in a complex and novel claim. Secondly, it foreshadows what promises to be a significant disease trial…

Findings of contributory negligence against passengers who fail to wear a seatbelt and those who voluntarily get into a car with a driver under the influence of alcohol or drugs are commonplace. This blog aims to set out the underlying principles for quantifying the appropriate deduction to make in either case and to consider the…

On 25 March 2021 the Industrial Injuries Advisory Council (“IIAC”) published “COVID-19 and occupation: position paper 48” – found here. It will be of interest to disease and personal injury practitioners alike, and a great many other people besides. On 1 April 2021 the BBC reported that: “About one in five people have symptoms of long Covid five weeks…

Thomas Herbert’s article on Lambert J’s decision in Toombes v Mitchell [2020] EWHC 3506 (QB), which considered the correct interpretation of section 1 of the Congenital Disabilities (Civil Liability) Act 1976, has been published in the March 2021 edition of the AvMA Lawyers Service Newsletter. To read the newsletter, please click here. Thomas’s article can be found at pages 5-8.

Presented by Philip Turton and Katie McFarlane, this webinar is a review of recent case law and developments in relation to claims for injury brought by secondary victims. Agenda To view the recording of this webinar, please click here.

On 4 March 2021, the Court of Justice of the European Union (“the CJEU”) handed down judgment in Commission v UK (Limit Values – Nitrogen Dioxide) [2021] EUECJ C-664/18. The CJEU declared that the UK had breached certain of its obligations under Directive 2008/50 on ambient air quality and cleaner air for Europe, which entered…

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.…

In Seabrook v Adam [2021] EWCA Civ 382, the Court of Appeal held that a Claimant’s Part 36 offers to accept a ‘discounted’ 90% of his claim for damages to be assessed were not effective when causation was successfully challenged. The full judgment is available here. The claim arose out of a road traffic collision in which the…

Presented by Jayne Adams QC and Tom Panton, this webinar covered employers’ liability for psychiatric injuries caused by work-related stress. It reviewed long-established principles in relation to foreseeability, duty of care, and breach of duty, analyse recent developments, and consider how the law in this complex and ever-changing area might cope with claims arising from the challenges of COVID19.…

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…

Today, 19 March 2021, the Supreme Court handed down judgment in the conjoined appeals of Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another (T/A Clifton House Residential Home) [2021] UKSC 8. This is an employment law case that will be of real interest to personal injury practitioners. The judgment is available here. The headlines…

An appeal is currently outstanding from the significant decision made on appeal by the High Court in Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB). The Decision at First Instance The proceedings arise out of a claim brought by the Claimant against the Defendant for a gastric illness he suffered whilst on a package…

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…

The topic of consent has been increasingly contentious since the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] AC 1430, which shifted the focus from Bolam-style clinical paternalism to patient autonomy.  On 9 November 2020, the General Medical Council (“GMC”) issued updated guidance on “Decision making and consent”. It is a revision of the core…

WFH: The New Normal ‘Lockdown’ was, unsurprisingly, word of the year for 2020 according to the editors of Collins’ dictionary.  The editors of the Oxford English Dictionary, however, identified this as just one in a list that included a 300% increase in the use of the words ‘remote’ and ‘remotely’, as working habits changed to…

Inquests can be destabilising for advocates. Although there are similarities with other work – they take place in a Court (albeit sometimes at unconventional locations), they are presided over by a judicial figure, witnesses appear and are questioned and juries are sometimes empanelled – the process is not, or at least is not supposed to…

Presented by Patrick Limb QC and Thomas Herbert, his talk will address both the general and the particulate. It will range across smelly fertilisers, dirty exhaust fumes, cabin air and ‘neighbourhood exposure’ to pollutants before considering the inquest touching on the death Ella Kissi-Debrah, public v private law challenges and learning points from previous litigation in this arena.…

The significant uncertainties in the economy and the employment market caused by the pandemic may lead to an upsurge in defendants arguing that damages for future loss of earnings should be assessed by way of a Blamire and/or a Smith v Manchester award rather than using the multiplier/multiplicand method. It could be contended that, applying…

Long Covid is the term used to describe the lasting effects of contracting COVID-19 and has been referred to as the “hidden health crisis of the pandemic”. There is growing support for Long Covid (also known as Long Haul Covid) to be recognised as an occupational disease and for a compensation scheme to be set up…

During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 and Tinkler v Ferguson [2021] EWCA Civ 18. To see the full judgments, please use the following links:…

In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”). This case is of note for two reasons: The Court re-emphasised the urgent nature of CES treatment. The Court provided an overview of…

A global campaign has been launched to mandate the introduction of filtration and warning systems on commercial aircraft and address concerns over alleged ‘aerotoxic syndrome’. The ‘Aerotoxicity Litigation’ concerns claims by employees of airlines who allege that they have been exposed to toxic substances in aircraft cabin air and have thus sustained personal injury (including…

The recent case of Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB) considered whether an NHS Primary Care Trust owed a non-delegable duty of care with regard to healthcare services provided by a third party. HHJ Melissa Clarke, sitting as a Judge of the High Court, held that…

In Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB), the High Court considered the question of causation in circumstances where the deceased had suffered from acute pneumococcal meningitis.  Ultimately, HHJ Auerbach, sitting as a Judge of the High Court, concluded that if antibiotics had been commenced by 10.40 on 25 February 2015, there…

In Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts, sitting as a High Court Judge, declined to make a finding of fundamental dishonesty following the dismissal of the Claimant’s claim for damages, arising from an extravasation injury sustained following a CT scan with contrast carried out at the Defendant’s…

In Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB), the High Court considered, as a preliminary issue, whether an NHS Primary Care Trust (“PCT”) owed a non-delegable duty of care for health services provided to NHS patients by a private company. HHJ Melissa Clarke, sitting as a Judge of the…

On 16 February 2021 the High Court handed down judgment in Martlet Homes Ltd v Mullalley & Co Ltd [2021] EWHC 296 (TCC), which gives guidance to practitioners on the often misunderstood role and remit of a Reply to Defence. To read the full judgment, click here. The Facts Martlet was not a personal injury claim. For…

A judgment resolving various cross-applications a few weeks before trial in a serious PI case is perhaps not the most obvious subject for a blog. However, there is so much packed into the 15-paragraph judgment of Fordham J in Pass v Ministry of Defence [2021] EWHC 243 (QB) and the result is an unfamiliar one.…

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…

Bankruptcy orders are relatively rare. Having never exceeded 10,000 per year before 1990, they exceeded 100,000 in 2009, and have only occasionally dipped beneath that figure. Even at those numbers, in recent years they approximate to 26 people per 10,000, or about a quarter of one percent. However they will inevitably rise as an economic…

On 28 January the High Court handed down judgment on an interlocutory appeal in Kasem v University College London Hospitals NHS Foundation Trust [2021] EWHC 136 (QB). Saini J struck out the Claimant NHS Trust’s statement of case for a defective pleading of common law deceit. The Facts In May 2013 Mr Kasem underwent a…

A finding of fundamental dishonesty can be pursued by a defendant in a personal injury or disease claim through two different routes. The first is to secure the dismissal of the claim under section 57 of the Criminal Justice and Courts Act 1957. Most commonly, it is a weapon used during the trial itself to…

Whilst clinical negligence practitioners are especially accomplished in ensuring that they properly advise their clients to claim an interim payment on account of damages when this best suits their client’s needs, the opportunity of seeking an interim payment on account of costs often slips through the net. “Make Mine a Double” The recent case of IXM…

Almost all practitioners will know that the GHR have remained unchanged since 2010. These rates are set out in the following table: Guideline Hourly Rates In 2014 the Master of the Rolls refused to implement the recommendations of the Civil Justice Council’s costs committee as to increases to the GHR due to lack of sufficient…

This webinar took place on the 25th January 2021. This webinar follows the Supreme Court’s judgment in the FCA Test Case dealing with business interruption claims arising from COVID-19. Following our webinar on 23 October 2020 by Samuel Shelton and Thomas Herbert, the Supreme Court handed down its judgment in the FCA Test Case on 15 January 2021.…

In The White Lion Hotel v James [2021] EWCA Civ 31 the Court of Appeal considered the ambit of the well-known authorities on ‘obvious risks’ in the context of occupiers’ liability, and the proper approach to section 2(5) of the Occupiers’ Liability Act 1957. Background HHJ Cotter QC at first instance gave judgment for the…

In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant’s ‘lost years’ claim. The judge had dismissed the claim on the basis that the Claimant’s income…

Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs…

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 certain consequential matters arising from his earlier judgment dated 20 November 2020 which arose from the Claimants’ challenge to the onerous consequences of the Compensation Recovery…

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…

On 16 December 2020, Martin Spencer J handed down judgment in Young v Downey [2020] EWHC 3457 (QB), an interesting decision on secondary victims in nervous shock cases. In this blog post, Philip Turton and Katie McFarlane summarise and review the decision, which can be read here. Preamble Where a person suffers psychiatric as well as physical…

We are delighted to announce that Jayne Adams QC has been appointed a Master of the Bench of Gray’s Inn. Jayne’s appointment marks a recognition of her contribution to the law and her commitment to inclusion and social mobility. For more on Jayne’s practice, please click here.

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…

The word “causation” needs a careful degree of unpacking. There is medical causation: what injury does the Claimant prove he or she has been caused. There is legal causation: is it proved that such injury would not have been caused but for the breach or breaches of duty established. Allied to the latter, there is…

Claimants often rely on medical records as evidence to corroborate their case as to the nature and extent of their injuries in personal injury litigation.  Conversely, Defendants often use a Claimant’s medical records against them where those records contain information that undermines the Claimant’s account as to their injuries. In either case, it is important to understand the…

On 16 December 2020, HM Assistant Coroner for Inner South London, Philip Barlow, concluded that “air pollution exposure” was a contributory cause of nine-year-old Ella Adoo Kissi-Debrah’s death in 2013. This is the first time that a coroner has recorded air pollution exposure as a cause of death, and is thought to be the first time that…

Since the pandemic, the issue of covert recordings of medical examinations has risen to the fore following the drastic increase in use of technology to deliver patient care (telephone consultations, video consultations), making covert recording easier than ever before. It is therefore relevant to revisit the most recent authority on the admissibility of covert recordings…

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…

Shilpa Shah contributed to the November edition of the AvMA UK Lawyers Service Newsletter with her article on recovering private healthcare costs in personal injury claims.     To read, please click here.

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’…

This webinar took place on the 8th December 2020. In this webinar, James Howlett and John Campbell reviewed the key decisions that have come out of the higher courts affecting both commercial and residential property lawyers. To download the handout for this webinar, please click here. If you would like to submit any questions regarding this webinar, please contact the…

The area of fatal accident claims is wide and occasionally very complicated. An understanding of the principles and the cases that historically have shaped the Court’s approach is necessary. It is an area in which once the statutory provision is understood, a ‘feel’ for what the Court will think appropriate in each fact-specific case is…

We are delighted to publish our second newsletter focused on disease litigation. This newsletter covers developments on presently litigated matters, a steer as to the types of claims which may emerge as well as updates on our barrister’s practices. The December edition features articles on the following subjects: Asbestos Fatal Accident Claims Noise-Induced Hearing Loss Claims Dementia and…

In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin), the Claimants challenged the unintended and onerous consequences of the Compensation Recovery Unit scheme, particularly in respect of the Claimants’ liabilities for long-tail asbestos-related diseases. The High…

The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket…

The coronavirus pandemic has transformed the way many of us work. This blog post primarily considers the potential implications of home working on occupational stress claims by looking closely at the key case law in this area. Some observations are also offered as to the impact of the pandemic on occupational stress claims where an…

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…

Jack McCracken and Sarah Hopkinson revisit the question of liability for COVID-19 infections, this time from an American perspective. In May 2020, we published a series of five articles exploring the potential liability of employers arising from exposure of employees to COVID-19. Whilst it is unlikely that any claims arising out of exposure to COVID-19 have yet been…

This is a brief guide to identifying the correct Defendant(s) in RTA claims. We will consider the position of the Defendant tortfeasor, the hierarchy of claims that can be brought against the tortfeasor’s insurer and when claims are correctly to be intimated against the Motor Insurers’ Bureau (MIB). There will always be exceptions to the…

In this article, Thomas Herbert analyses the Supreme Court’s decision in Maughan, which held that the standard of proof for conclusions of suicide and unlawful killing at inquest is the balance of probabilities. To read this article, please click here.

By a majority of three to two, the Supreme Court has held that the standard of proof for findings of suicide and unlawful killing at an inquest is the balance of probabilities: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46. This is contrary to the general understanding prior to this case…

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…

Last month nothing happened and that matters. The International Conference on Concussion in Sport (organised by the Concussion in Sport Group) is a key meeting at which, on a broadly quadrennial basis, a group of approximately 40 experts explore and review the developments in sports related concussion injuries. The 6th Conference was due to take…

The Court of Appeal’s decision in Diriye v Bojaj [2020] EWCA Civ 1400 is of significance to all civil practitioners, and credit hire practitioners in particular. It considered (i) the proper pleading of allegations of impecuniosity in credit hire cases, (ii) whether the Royal Mail “Signed For 1st Class” service is caught by the deeming provision…

In his latest article, Thomas Herbert looks at the decision of the Court of Appeal in Diriye v Bojaj [2020] EWCA Civ 1400, which is of significance to all civil practitioners, and credit hire practitioners in particular. To read the article, please click here.

In Hamilton v NG Bailey Ltd [2020] EWHC 2910 (QB), the High Court sought clarity from the editors of the Judicial College Guidelines for the Assessment of General Damages in 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…

In Montgomery v Lanarkshire Health Board [2015] 1 AC 1430, the Supreme Court held that “[t]he doctor is … under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test of materiality is whether, in…

A peer-reviewed study published on 21 October 2020 by academics from the University of Sheffield suggests that workers exposed to diesel fumes or who undertake plumbing, gas fitting, ventilation and welding work may be more likely to suffer from high-grade and high-stage bladder cancers. This finding, albeit from a small-scale study that requires validation, is of…

In Needle v Swallowfield plc [2020] EWHC 2759 (QB), the High Court considered the Manual Handling Operations Regulations 1992 and reiterated that risk of injury is a context-specific question. The Court must have regard to the particular place of employment and the particular employees involved, including their training and experience, in deciding whether a workplace…

Following our recent success in the Legal 500 2021, Chambers’ expertise in the field of industrial disease has again been acknowledged in the latest edition of Chambers & Partners. We are one of only four sets across all circuits to be ranked for Industrial Disease work. Jayne Adams QC and Patrick Limb QC are also individually ranked. The…

Last week HM Senior Coroner John Gittins found that the death of former international footballer, Alan Jarvis, was caused by his participation in professional sport. During the 1960s and 1970s, Mr Jarvis played for Everton, Hull City and Mansfield Town, as well as securing international caps for Wales. He died in 2019 from Alzheimer’s disease,…

Adverse inferences are means by which at least an evidential burden can be placed on the Defendant’s side of the litigation fence. They can be drawn where there is a failure to call witnesses that are available or to adduce documents that should be available. In the personal injury arena, there have been efforts to…

The Fatal Accidents Act 1976 (Remedial) Order 2020 (“the Order”) came into force on 6 October 2020. The effect of the Order is to extend the eligibility for bereavement damages under section 1A of the Fatal Accidents Act 1976 (“the Act”) to cohabiting partners, provided that such partners are able to satisfy the same criteria…

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.

When considering claims against parent companies, a useful starting-point is the digest provided by Sales LJ (as he then was) in AAA v Unilever plc [2018] BCC 959 at [36]: “There is no special doctrine in the law of tort of legal responsibility on the part of a parent company in relation to the activities…

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…

On 2 October 2020, the American Food & Drug Administration approved a combination of nivolumab (OPDIVO, Bristol-Myers Squibb Co) and ipilimumab (YERVOY, Bristol-Myers Squibb Co) as a first-line treatment for adults with unresectable mesothelioma. Randomised open-label trials suggest an improvement in overall survival in the order of approximately 25% when compared with chemotherapy. The full announcement is…

In Hinson v Hare Realizations Ltd [2020] EWHC 2386 (QB), the High Court reaffirmed the factors relevant to an application to abandon a single joint expert report and rely on one’s own expert evidence. To read the judgment, please click here. Background The Claimant claimed that in the 1970s and 1980s, while working in a…

Chambers’ expertise in the field of industrial disease has been acknowledged in the latest edition of the Legal 500. Along with our description as a “go-to” set for industrial disease, Jayne Adams QC and Patrick Limb QC‘s appearance in the country’s first beryllium poisoning case is expressly cited, as is Richard Gregory‘s heavy NIHL workload. The full…

Practice Direction 3D provides for an expedited system of civil procedure to be applied to claims for damages for mesothelioma. In practice it is now applied by the High Court Masters to all asbestos claims. One of its significant innovations is the “Show Cause” procedure. In this article, Philip Turton examines the rules which apply…

In Pegg v (1) Webb (2) Allianz Insurance plc [2020] EWHC 2095 (QB), Martin Spencer J overturned the trial judge’s finding that a personal injury claim arising from a road traffic accident was not fundamentally dishonest. To read the judgment, please click here. Pegg is the latest in a series of decisions where claims have…

Samuel Shelton and Thomas Herbert have prepared a detailed case note looking at allegations of fundamental dishonestly following the recent decision in Pegg -v- Webb [2020] EWHC 2095 (QB). To read, please click here. To share on LinkedIn, please click here.

In his latest article, Philip Godfrey discusses the recent ruling of Holmes -v- S & B Concrete Ltd and its impact on cases where the Defendant company has been in liquidation and then dissolved. Please click here to read.

The High Court has handed down judgment in the case of Holmes v S & B Concrete Ltd [2020] EWHC 2277 (QB), holding that a Claimant bringing a claim for personal injury cannot generally rely upon the provisions of the Companies Act 2006 to avoid a limitation defence. To read the  judgment, please click here. Defendant insurers responding…

Travel back seven decades: the Law Reform (Contributory Negligence) Act 1945 was given Royal Assent on 15 June 1945; three years later, on 5 July 1948, the NHS was founded. At the level of principle, the statute effected a radical change in the law by abolishing the position at common law by which any negligence…

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…

Tom Carter has recently guested on the Affinity Finance Podcast. In this series, Tom has given his expertise on claims involving damage caused to property by Japanese knotweed. The series includes the following episodes, please click on the links below to listen: Ep1 – Introduction and encroachment Ep2 – Actual and constructive knowledge plus breach of…

In the context of clinical negligence cases, causation can be just as tricky to establish as breach, perhaps even more so. The difficulties arise in part because many of these cases involve Claimants who were injured or ill before seeking the treatment or advice that they ultimately complain of, and they remain ill or injured…

Cassandra Williams has contributed to the June edition of the AvMA newsletter with her article “Medical Causation Where Are We Now: Pitfalls and Hurdles“. To read the article, please click here. To read the newsletter in full, please click here.

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 article.

Thomas Herbert’s article “Thou Shalt Not Sit With Statisticians”, looking statistics, causation and inquests, has been published in the June 2020 edition of the AvMA Lawyers Service Newsletter. To read the article, please click here. To read the newsletter in full, please click here.

We are delighted to publish our first newsletter focused on disease litigation. This newsletter covers developments on presently litigated matters, a steer as to the types of claims which may emerge as well as updates on our barrister’s practices. The June edition features the following articles: Asbestos Claims Silica Claims Dupuytren’s Contrature Noise-Induced Hearing Loss Claims…

In this article, Kam Jaspal provides an update on asbestos litigation in the time of the COVID-19 pandemic and summarises recent developments in the area, from asbestos in schools to low exposure claims and limitation. Asbestos Lists in the RCJ The Masters Corridor of the RCJ has continued to be busy, virtually, despite the COVID-19…

‘Questions of Proof, A Miscellany of Answers’ by Patrick Limb QC is the second of our articles originally published in the delegate pack for our Personal Injury Litigation Conference 2020. To read the full article, please click here.

In an article originally published in the delegate pack for our Personal Injury Litigation Conference 2020, Jayne Adams QC outlines principles, tactics and calculations of ‘Fatal Accident Claims’. To read the full article, please click here.

Jack McCracken and Sarah Hopkinson have published a series of five articles addressing possible liabilities on the part of employers for outbreaks of COVID-19 amongst their workforce. Please click here to access all five articles, or click on the link for a specific article below. Introduction. Liability at Common Law. Liability for Breach of Statutory Duty. Liability Under…

Jack McCracken and Sarah Hopkinson’s series of articles ‘Coronavirus and Employers’ Liability’ concludes with the final article ‘Liability of Employers to Family Members of Employees’. Click here to read the full article. Links to all the articles in this series are below: To read ‘Part 1: Introduction’, click here. To read ‘Part 2: Liability at Common…

Our series on employers’ liability for PPE by Jack McCracken and Sarah Hopkinson continues with the fourth article ‘Liability Under EU Directives’. Click here to read the full article. Links to all the articles in this series are below: To read ‘Part 1: Introduction’, click here. To read ‘Part 2: Liability at Common Law’, click here. To read…

Jack McCracken and Sarah Hopkinson’s series on the employers’ liability for PPE continues with ‘Breach of Statutory Duty’. Click here to read the full article. Links to all the articles in this series are below: To read ‘Part 1: Introduction’, click here. To read ‘Part 2: Liability at Common Law’, click here. To read ‘Part 4: Liability Under EU…

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…

In the second article of Jack McCracken and Sarah Hopkinson’s series on the employers’ liability for PPE delves into ‘Liability at Common Law’. Click here to read the full article. Links to all the articles in this series are below: To read ‘Part 1: Introduction’, click here. To read ‘Part 3: Liability for Breach of Statutory Duty’,…

In the first of five articles, our barristers Jack McCracken and Sarah Hopkinson consider the liability of employers for alleged failings relating to providing PPE to employees. Click here to read the full article. Links to all the articles in this series are below: To read ‘Part 2: Liability at Common Law’, click here. To read ‘Part 3:…

In our latest article, Christopher Lowe breaks down recent court judgments in regards to informed consent. Click here to read the full article.

It is well-known that, in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach v Home Office [2010] QB 256. Every case, though, will turn on its own facts (there had been no pre-inquest admission of liability in Roach, for example). Moreover, in…

In an article originally published in the delegate pack for our Clinical Negligence Conference, Thomas Herbert outlines ‘Recovering Inquest Costs in Subsequent Civil Proceedings’. To read the article, please click here.

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 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…

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…

In his latest article, Altering the Land Register on Grounds of Mistake, Mark Diggle analyses three recent Court of Appeal authorities on the meaning of “mistake” in Schedule 4 to the Land Registration Act 2002 and considers the Law Commission’s proposals for reform. Please click here to read the full article.

Damian Powell acts for the first Defendant in a successful application for an order that the Claimant’s solicitors pay the Defendant’s wasted costs following late discontinuance in a NIHL claim. Please click here for the full article.

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…

In his latest Personal Injury article, Slipping Claims and Evidential Burdens, Thomas Herbert considers the circumstances in which a defendant bears an evidential burden in slipping cases.   This article was first published in the September 2019 edition of the Personal Injury Law Journal.   Please click here to view the full article.

In this article, Philip Godfrey considers the liability of water utility companies for personal injury arising out of accidents involving shared drains on private land. Please click here to view the full article.

In his latest article, Philip Godfrey considers the liability of water utility companies for personal injury arising out of accidents involving shared drains on private land. Please click here for the full article.

Stephen Beresford is now ranked in the Chambers and Partners UK Bar 2019 for Commercial Dispute Resolution. Stephen is a “supremely intelligent and reliable” advocate who attracts widespread praise for his comprehensive commercial, property and chancery practice. He handles an array of matters, such as director and shareholder disputes, construction cases and litigious tax issues,…

Stephen Beresford has been ranked as a Tier 1 Leading Junior for Commercial, Banking, Insolvency and Chancery Law in the 2019 edition of the Legal 500. He is noted as being: “very thorough, knowledgeable and affable” For more information on Stephen’s Legal 500 listing, please click here

Andrew Hogan‘s latest Special Educational Needs article, Section F: EHC Plans, is now available to view. Please click here for the full article.

Andrew Hogan‘s latest Special Educational Needs article, Section B: EHC Plans, is now available to view. Please click here for the full article.

In the first of a series of data protection articles, Jack McCracken gives an overview of the future of data protection litigation under the GDPR and Data Protection Act 2018. Please click here for the full article.

Andrew Hogan‘s latest Special Educational Needs article, The EHC Plan Part 2, is now available to view. Please click here for the full article.

In his latest Special Educational Needs newsletter, Andrew Hogan looks at a Local Authority’s obligation to prepare an EHC Plan after assessment. Please click here for the full article.

In his latest article, Martin Ferguson considers how “Well-managed Highway Infrastructure – A Code of Practice” will impact the litigation of highways claims. Please click here for the full article.

On 3rd July 2018, the Court of Appeal Judgment in the case of Williams & Waistell -v- Network Rail Infrastructure Ltd [2018] EWCA Civ 1514 was handed down. Please click here to read Tom Carter’s summary.

Are Claimants entitled to advocate’s costs when no advocacy has occurred? Thomas Herbert reviews conflicting case law. Click here to view the full article. This article was first published in the May 2018 edition of the Personal Injury Law Journal

Tom Carter’s latest article on Williams -v- The Secretary of State for Business, energy and Industrial Strategy can be found here This article is a synopsis of a Court of Appeal case involving fixed costs where a claimant does not start a claim under the protocol.

Martin Ferguson‘s latest article on the case of London Organising Committee of the Olympic and Paralympic Games -v- Sinfield [2018] EWHC 51 QB can be viewed here

To view Martin Ferguson’s latest article, Scope of Duty Owed by Police: Supreme Court Clarification, please click here

Ed represents Doncaster Metropolitan Borough Council in contempt of court proceedings in the High Court (Sheffield District Registry). The matter concerned a man who fraudulently claimed compensation alleging he had injured his knee in the street when in fact he had injured it playing football. The man had posted about the real cause of his…

John has successfully acted for the Defendants in a long running nuisance dispute involving allegations of tree root ingress and damage to boundary structures. The case involved complex arguments on causation, whether the alleged nuisance was adopted/continued and included extensive evidence from three expert witnesses.

Click here to view the Lawyers Service Newletter for November 2017.

We are delighted to announce that we have won Barristers’ Chambers of the Year at the Proclaim Eclipse Personal Injury Awards 2016. The awards were held at The Grange St Paul’s in London on 24th November 2016. For a full list of winners please click here.

We are delighted to announce that Jayne Adams QC has won Sole Trader of the Year at the Nottingham Post Women in Business Awards 2016. The ceremony took place at the Crowne Plaza Hotel in Nottingham on 23rd November 2016. Jayne is pictured with Virtual Runner Managing Director, Susan Wheatcroft. Photo credit: Nottingham Post.

**STOP PRESS** Our Pupillage application window opens at midnight on 8th January 2017 and will close at midnight on 6th February 2017. We are offering up to three pupillages (commencing October 2018).

Click here to view the Accidents at School and the Reasonable Parent PDF.

James has successfully acted in defending a long running claim under the 1954 business tenancies legislation for a new tenancy of tennis courts and a club house. The case was difficult not least because of doubt about the legal standing of the tenant. The landlord is now free to develop its business and upgrade the…

We are delighted to announce that we have secured 19 individual rankings in the Chambers and Partners UK Bar Guide 2018. Ropewalk Chambers has an established team of barristers who are specialists in the field of personal injury. The set is recognised for its broad mandate, ranging from industrial disease cases to abuse, RTA and…

We are delighted to announce that we have been shortlisted for Chambers of the Year at the Eclipse Proclaim Modern Law Awards 2018. The award ceremony will take place at the Lancaster Hotel, London on 18th January 2018. For a full list of those shortlisted please click here.

We are delighted to announce that we have been shortlisted for Chambers of the Year at the Eclipse Proclaim Modern Law Awards 2018. The award ceremony will take place at the Lancaster Hotel, London on 18th January 2018. For a full list of those shortlisted please click here.

Patrick has been ranked in the Chambers UK Bar 2018 Guide for Personal Injury (Band 1) and highlighted in the Industrial Disease Spotlight Table. He is a highly regarded personal injury silk with vast experience in disease claims. He has particular expertise in matters involving occupational cancer and is praised by solicitors for his straightforward…

Jayne has been ranked in the Chambers UK Bar 2018 Guide for Personal Injury (Band 2) and highlighted in the Industrial Disease Spotlight Table. She is highly esteemed for her experience in industrial disease claims. She has a related specialism in clinical negligence claims and also frequently handles matters involving fraud. Strengths: “Very knowledgeable in…

Jason has been ranked in the Chambers UK Bar 2018 for Personal Injury (Band 1) and Clinical Negligence (Band 2). He is an excellent junior with expertise in a wide variety of personal injury claims including those relating to industrial disease. He splits his time between representing claimant and defendant clients. Strengths: “Well regarded by…

Georgina has been ranked in the Chambers UK Bar 2018 for Personal Injury (Band 2). She is widely esteemed for her expertise in claims involving the Animals Act and in inquests. She assists both claimants and defendants. Strengths: “Her attention to detail is very good. She analyses the legal issues very well.” “Georgina is excellent…

Richard has been ranked in the Chambers UK Bar 2018 for Personal Injury (Band 2). He is particularly skilled in employers’ liability and occupiers’ liability claims. He also has experience in disease matters and represents claimants and defendants in the full range of personal injury cases. Strengths: “Richard Gregory pays considerable attention to detail and…

Kam has been ranked in the Chambers UK Bar 2018 for Personal Injury (Band 2). He specialises in disease work frequently advising on hand-arm vibration syndrome, noise-induced hearing loss and mesothelioma. He focuses on representing defendant and insurer clients. Strengths: “Knowledgeable, tenacious and very reliable.” “He drafts excellent statements and he is personable and approachable.”…

Andrew has been ranked in the Chambers UK Bar 2018 for Personal Injury (Band 2) and Social Housing (Band 2). He has expertise in the full spectrum of personal injury matters including industrial disease and employers’ liability claims. He assists both claimants and defendants. He has marked expertise in cases relating to violence in the…

Jonathan has been ranked in the Chambers UK Bar 2018 for Personal Injury (Band 2). He is a well-regarded junior with capabilities in all manner of personal injury issues including RTAs and employers’ liability claims. Strengths: “He is very good in court. He has a clear understanding of the intricacies of certain complex areas of…

Toby has been ranked in the Chambers UK Bar 2018 for Personal Injury (Band 2). He is a well-regarded barrister with a broad practice encompassing personal injury, clinical negligence and health and safety cases. He has a wealth of experience in disease claims. Strengths: “Incisive and thinks outside the box.” “Thorough, knowledgeable and excellent with…

Philip has been ranked in the Chambers UK Bar 2018 for Personal Injury (Band 2). He advises both claimants and defendants on an array of issues including child abuse, stress and occupational disease claims. He has ancillary expertise in clinical negligence law. Strengths: “An exceptional and fearless advocate.” “Very thorough and very hard-working.” “He is…

Deborah has been ranked in the Chambers UK Bar 2018 for Personal Injury (Band 2). She is a respected barrister offering expertise in personal injury law and additionally noted for her in-depth knowledge of employment law. Strengths: “Approachable and personable. She has very good empathy with clients and is good to work with.” “Hard-working. She…

Philip has been ranked in the Chambers UK Bar 2018 for Personal Injury (Up and Coming). He is a personal injury junior whose practice has a particular emphasis on abuse cases representing both claimants and defendants. He is no stranger to high-value litigation. Strengths: “Very approachable and in court vigorously defends his client’s position.” “He…

Jonathan has been ranked in the Chambers UK Bar 2018 for Real Estate Litigation (Band 3).

Mark has been ranked in the Chambers UK Bar 2018 for Social Housing (Band 2).

Stephen has been ranked in the Chambers UK Bar 2018 for Commercial Dispute Resolution (Band 2).

Andrew has been ranked in the Chambers UK Bar 2018 for Costs Litigation (Band 2).

Click here to view the New Model for Group Litigation PDF.

Philip Davy represents successful Appellant in the Supreme Court – Armes -v- Nottinghamshire County Council [2017] UKSC 60 The Supreme Court has today handed down judgment in Armes -v- Nottinghamshire County Council [2017] UKSC 60 (also known as NA -v- Nottinghamshire County Council), an appeal dealing with ‘non-fault’ liability of a defendant (here, a local…

Click here to view the Armes v Nottinghamshire County Council – Commentary.

On 18th October 2017 judgment will be handed down by the Supreme Court in the case of Armes -v- Nottinghamshire County Council (also known as NA -v- Nottinghamshire County Council), an appeal dealing with non-fault liability under the principles of (i) ‘Woodland’ non-fault liability and (ii) Vicarious liability. Philip is junior counsel for the Appellant…

We are delighted to announce that we have been recommended as a Leading Set by the UK Legal 500 again this year. 19 Individual rankings. Click here for the full list.

Patrick has been ranked as a Tier 1 Leading Silk in the Legal 500 UK 2017’s guide to outstanding silks nationwide. He is recommended on the Midland Circuit for Personal Injury and Clinical Negligence. “He always goes the extra mile” Please click here for more information.

Jayne has been ranked as a Tier 1 Leading Silk in the Legal 500 UK 2017’s guide to outstanding silks nationwide. She is recommended on the Midland Circuit for Personal Injury and Clinical Negligence “Level-headed and very approachable” Please click here for more information.

Jan has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. She is recommended on the Midland Circuit for Regulatory, Health & Safety, and Licensing. “Her advice is delivered with a careful balance of patience and firmness” Please click here for more information.

Toby has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury & Clinical Negligence. “A pragmatic adviser” Please click here for more information.

Rochelle has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. She is recommended on the Midland Circuit for Personal Injury & Clinical Negligence. “Highly experienced and very bright” Please click here for more information.

Rachel has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. She is recommended on the Midland Circuit for Personal Injury & Clinical Negligence. “Committed and invariably helpful – working with her is an absolute pleasure” Please click here for more information.

Philip has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury & Clinical Negligence. “Very good in asbestos litigation work” Please click here for more information.

Kam has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury & Clinical Negligence. “Dependable and congenial” Please click here for more information.

Jason has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury & Clinical Negligence. “An excellent advocate whose attention to detail is second to none” Please click here for more information.

Andrew has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury & Clinical Negligence and Property. “Skilled at analysing complicated claims” Please click here for more information.

Richard has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Inquests & Inquiries and Personal Injury & Clinical Negligence. “He has an astute legal brain” Please click here for more information.

Andrew has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Costs and Personal Inury & Clinical Negligence “He is very knowledgeable about costs and brings this to the table whenever instructed” Please click here for more…

Jonathan has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Construction, Planning and Environment. “An expert in planning and environmental law” Please click here for more information.

Stephen has been ranked as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Commercial, Banking, Insolvency and Chancery Law. “Approachable, reliable and pragmatic” Please click here for more information.

Jonathan has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2017’s guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Commercial, Banking, Insolvency and Chancery Law. “A decisive barrister, who builds rapport with clients” Please click here for more information.

On Friday 28th July, Tom Carter appeared for the successful claimant in an unlawful detention claim in the High Court. For the full Judgment please click here

We are pleased to announce that Georgina Crawford has accepted an invitation to join Chambers. Georgina officially joins us on 17th July 2017 and is experienced in all types of Personal Injury, Clinical and Professional Negligence work. For more information and contact details please click here.

Click here to view the What is Reasonable? – Bussey, Williams & the Problem of Low Level Asbestos Exposure PDF.

We are delighted to announce that we have won Barristers’ Chambers of the Year 2017 at the Claims Management Awards. The Awards were held at The Grange St Paul’s in London on 8th June 2017. Toby Stewart and Alan Odiam were on hand to collect the award, presented by Anthony Hughes and pictured here with…

On Friday 28th July, Tom Carter appeared for the successful claimant in an unlawful detention claim in the High Court. For the full Judgment please click here

Click here to view The Implication of Contractual Terms after M & S v BNP Paribas Securities Services PDF.

Richard Seabrook wins Barrister of the Year 2017 at the Nottinghamshire Law Society Annual Dinner.

We are pleased to announce that we have been shortlisted for Chambers of the Year at the Modern Claims Awards 2017. The event will be held on Thursday 27th April at New Dock Hall, Leeds. For the full shortlist please click here

Click here to view the Ascertaining the BHR: The End of the Nil-excess Argument? PDF.

Following the Lord Chancellor’s announcement yesterday, Philip Turton has written a Briefing Note in respect of the new Discount Rates. Please click here to read the Briefing Note.

Click here to view The Customer is Always Right – Consumer Law in the Digital Age PDF.

Click here to view the Briefing Note – Discount Rates PDF.

The appeal hearing in the case of NA -v- Nottinghamshire County Council will be before the Supreme Court on 8th & 9th February 2017. Philip Davy represents the Claimant.

**STOP PRESS** Chambers is now accepting applications for pupillage commencing October 2018. Please go to the Pupillage Applications page and follow the instructions to complete Chambers’ online application form. The application window closes at midnight on 6th February 2017.

Richard Gregory has been ranked in the Chambers UK Bar 2017 for Personal Injury (Band 2) He is particularly skilled in employers’ liability and occupiers’ liability claims. Also has experience in disease matters. Solicitors cite the strength of his client skills. Strengths: “Extremely thorough and very experienced. Very good with clients and very methodical.” “Approachable…

Patrick has been ranked in the Chambers UK Bar 2017 Guide for Personal Injury (Band 1) and highlighted in the Disease Spotlight Table. He is a highly regarded personal injury silk with vast experience in disease claims. He has particular expertise in matters involving occupational cancer and is praised by solicitors for his straightforward approach…

Georgina has been ranked in the Chambers UK Bar Guide 2017 for Personal Injury. She is widely esteemed for her expertise in claims involving the Animals Act. She assists both claimants and defendants. Strengths: “very prompt, has an eye for detail, good on her feet and efficient.” “Has a very good way of explaining the…

Jason Cox has been ranked in the Chambers UK Bar 2017 for Personal Injury (Band 1) and Clinical Negligence (Band 2). Excellent junior with expertise in a wide variety of personal injury claims including those relating to industrial disease. Sources repeatedly note his attention to detail. Strengths: “Jason is an extremely capable lawyer who is…

Kam enters the rankings in recognition of his excellent market feedback. Specialises in disease work frequently advising on hand-arm vibration syndrome, noise-induced hearing loss and mesothelioma. He is praised by solicitors for his cross-examination skills. Strengths: “Very good on his feet and with cross-examination of the claimant.“ Recent work: Successfully acted for the defendant in…

Andrew McNamara has been ranked in the Chambers UK Bar 2017 for Personal Injury (Band 2) and Social Housing (Band 2). Personal Injury He has expertise in the full spectrum of personal injury matters including industrial disease and employers’ liability claims. He assists both claimants and defendants. Strengths: “Very good at explaining matters to clients.…

Toby Stewart has been ranked in the Chambers UK Bar 2017 for Personal Injury (Band 2). He is a well-regarded barrister with a wealth of experience in disease claims. Solicitors draw attention to his excellent interpersonal skills. Strengths: “Toby is very thorough, has a tremendous bedside manner with clients and is very approachable.” “Toby is…

Philip Turton has been ranked in the Chambers UK Bar 2017 for Personal Injury (Band 2). He advises both claimants and defendants on an array of issues including child abuse, stress and occupational disease claims. Strengths: “An extremely good advocate. He is excellent on his feet and extremely thorough in his preparation.“ Recent work: Advised…

Stephen Beresford has been ranked in the Chambers UK Bar 2017 for Commercial Dispute Resolution (Band 2). He attracts widespread praise for his comprehensive commercial, property and chancery practice. He handles an array of matters, such as director and shareholder disputes, construction cases and litigious tax issues, amongst others. Strengths: “He is extraordinarily bright, a…

Jonathan Owen has been ranked in the Chambers UK Bar 2017 for Real Estate Litigation (Band 3). He is an experienced junior with broad experience in chancery and real estate matters. He has a significant record representing his clients in boundary disputes, possession claims and trespass issues. Strengths: “He is exceptionally intelligent.“ Please click here…

Andrew Hogan has been ranked in the Chambers UK Bar 2017 for Costs Litigation (Band 2).

Mark Diggle has been ranked in the Chambers UK Bar 2017 for Social Housing (Band 2)

We are delighted to announce that Jayne Adams shall be appointed as one of Her Majesty’s Counsel in February 2016. For the full list of appointments please click here.

We are very proud to announce that Patrick Limb QC has won the Legal 500 Regional/Scottish Silk of the Year UK 2017. For the ful list of winners please click here

On Tuesday 11th October 2016, in partnership with the Nottinghamshire Law Society, John Campbell and Gareth McAloon present a Landlord and Tenant Update. The lecture will focus on recent Supreme Court decisions, unravel the deposit protection regime and look ahead at what the Housing and Planning Act 2016 has in store.

We are thrilled to announce that we have been shortlisted for Chambers of the Year at the Modern Law Awards 2016. Patrick Limb QC has also been shortlisted for Barrister of the Year 2016. For a full list of nominees please click here. The winners will be announced on 10th November 2016 at the Hurlingham…

We are thrilled to announce that we have been shortlisted for Chambers of the Year at the Modern Law Awards 2016. Patrick Limb QC has also been shortlisted for Barrister of the Year 2016. For a full list of nominees please click here. The winners will be announced on 10th November 2016 at the Hurlingham…

Click here to view the Penalty Clauses: What is Left? PDF.

We have been shortlisted for Chambers of the Year at the Eclipse Proclaim Personal Injury Awards 2016. The Winners will be announced at the awards ceremony which is taking place on 24th November 2016 at The Grange, St Paul’s Hotel in London.

We are pleased to announce that we have been shortlisted for Regional Set of the Year at the Chambers UK Bar 2016 Awards. The Award ceremony will take place on 27th October 2016 at the London Hilton on Park Lane. For the full list of nominations please click here.

Patrick has been shortlisted for Personal Injury/Clinical Negligence Silk of the Year at the Chambers UK Bar Awards 2016. For a full list of nominations please click here.

Andrew Hogan in landmark decision in the Commercial Court on costs in international arbitration in Essar Oilfield Services Ltd -v- Norscot Rig Management. Please click here for Litigation Futures article.

We are delighted to announce that we have been recommended as a Leading Set by the UK Legal 500 again this year. 15 Individual rankings. Click here for the full list.

Patrick Limb QC has been ranked as a tier 1 Leading Silk for Personal Injury & Clinical Negligence. “In court he really sticks to his guns and ensures the client’s case is fully heard“. For more details please click here.

Jayne has been listed as a Tier 1 Leading Silk in the Legal 500 UK 2016 guide to outstanding silks nationwide. She is recommended on the Midland Circuit for Personal Injury and Clinical Negligence. “Down to earth while remaining tenacious with the opposition.” Please click here for more information.

Kam has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury and Clinical Negligence. “A hardworking and tactical barrister.” Please click here for more information.

Jonathan has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Construction, Planning and Environment. “He never fails to impress; his advocacy is second to none and he translates complex issues into plain language.” Please click here…

Andrew has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury & Clinical Negligence and Property. “Pragmatic, honest, professional and well respected.” Please click here for more information.

Andrew has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury and Clinical Negligence “He has an unrivalled passion for his work, and a commitment and dedication to winning every case.” Please click here for…

Jason has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury and Clinical Negligence. “His attention to detail is second to none and he never lets you down in negotiations or advocacy.” Please click here…

Philip has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury and Clinical Negligence. “Extremely knowledgable in all areas of disease and a fearless advocate.” Please click here for more information.

Richard has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury & Clinical Negligence and Regulatory, Health & Safety, and Licensing. “Hes has an astute legal brain and is always quick to grasp the issues.”…

Toby has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury and Clinical Negligence. “He has an excellent presence in court and with clients.” Please click here for more information.

Jan has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. She is recommended on the Midland Circuit for Regulatory, Health & Safety, and Licensing. “A skilled advocate, she is calm and focused.” Please click here for more information.

Jonathan has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Commercial, Banking, Insolvency and Chancery Law. “He has a broad practice encompassing professional negligence, contract enforceability and breach of fiduciary duties.” Please click here for more…

Stephen has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Commercial, Banking, Insolvency and Chancery Law. “Very user-friendly, gets straight to the point and is excellent on his feet.” Please click here for more information.

Click here to view the Contract Law Update PDF.

The Supreme Court today handed down Judgment in Zurich -v- Hayward. This has been a ‘Ropewalk Chambers’ case throughout, Jayne Adams QC having been junior counsel from the issue of the original action as long ago as May 2001 and Patrick Limb QC for the purposes of the first Court of Appeal decision (a decade…

Click to view the Supreme Court Judgment Handed Down in Zurich v Hayward PDF.

Click here to view The Defective Premises Minefield PDF.

Click here to view the Final Approved Judgment in Woodhead v Tesco Store Ltd PDF.

We are pleased to announce that Myles Jackson has accepted an invitation to join Chambers. Myles was called in 1995 and specialises in Personal Injury matters.

On Saturday 9th April 2016, Philip will be addressing the Personal Injuries Bar Association on Noise Induced Hearing Loss claims at St Catherine’s College, Oxford. Philip’s entertaining talk, “Deafness for Dummies” covers fundamental aspects of legal principle and medical causation and reviews recent developments in this important area of industrial disease litigation. If you would…

Permission to appeal to the Supreme Court has been granted in the case of NA -v- Nottinghamshire County Council. Philip Davy represents the Claimant.

Click here to view the Without Prejudice Communications and Public Policy PDF.

Jayne Adams has been ranked in the Chambers UK Bar 2017 for Personal Injury and is highlighted in the Disease Spotlight Table. Recent silk highly esteemed for her experience in industrial disease claims. She frequently handles matters involving fraud and is commended for her client care. Strengths: “Jayne has excellent attention to detail, is robust…

Click here to view the A Distillation of Principles in Implying Contractual Terms PDF.

Nicholas has recently secured a finding of fundamental dishonesty in a claim by a taxi driver for personal injury which meant that the Claimant’s QUOCS protection was disapplied. However, the Court also accepted his submissions that QUOCS should not have been applied in any event in respect of a large claim for hire brought in…

Click here to view the Part 36, Construction and the Doctrine of Mistake PDF.

Click here to view the Rollinson v Dudley MBC Q & A with Lexis PSL PDF.

Click here to view the Security for Costs PDF.

Click here to view the Expert Evidence and Case Management Appeals: British Airways Plc v Spencer [2015] EWHC 2477 (Ch) PDF.

Click here to view the Disclosure in Contract Proceedings PDF.

Click here to view the Principles of Contractual Interpretation PDF.

Click here to view the Vicarious Liability for Workplace Violence PDF.

Click here to view the McDonald v National Grid – Decision of the Supreme Court PDF.