causation – Current Awareness

Have you renewed your MOT? RTA claims and “ex turpi causa” – UK Human Rights Blog

Posted December 10th, 2024 in accidents, causation, ex turpi causa, illegality, insurance, negligence, news, road traffic by tracey

‘Ali v HSF Logistics Polska SP ZOO [2024] EWCA 1479. This was a very simple case that illustrates in a nutshell the courts’ approach to the principle of “ex turpi causa”: the notion that prevents a claimant from seeking a legal remedy if the claim arises in connection with their own illegal or immoral act. Even in a civil case, courts are reluctant to allow a party to benefit from their own wrongdoing, as it may be seen as contrary to the interests of justice and social morals. However, it cannot be a blanket rule, as we shall see from the case below. Proportionality has to to be applied.’

UK Human Rights Blog, 10th December 2024

Source: ukhumanrightsblog.com

Capacity in Sexual Relations: Court of Appeal Overturns Decision in ZX Case – 39 Essex Chambers

Posted December 5th, 2024 in causation, chambers articles, consent, Court of Protection, criminal justice, expert witnesses, news, psychiatrists, young persons by tracey

’39 Essex Chambers barristers Victoria Butler-Cole KC and Francesca Gardner acted for a client, ZX, by his litigation friend the Official Solicitor, in a successful appeal of a decision that ZX lacked capacity to engage in sexual relations.’

39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Law firm not negligent in advice to settle £2m claims – Legal Futures

Posted November 11th, 2024 in bankruptcy, causation, families, local government, negligence, news, trustees in bankruptcy by tracey

‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’

Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

Carbon emissions and causation: R (Finch) v Surrey County Council and ors – 4 New Square

Posted July 10th, 2024 in appeals, causation, chambers articles, environmental health, environmental protection, judicial review, local government, news, planning, Supreme Court by tracey

‘In this post, 4 New Square Chambers’ Alex Forzani explores the Supreme Court’s decision in R (Finch) v Surrey County Council [2024] UKSC 20 and analyses its implications on the scope of environmental impact assessments. The judgment is likely to have significant implications on the development of, and investment in, new projects in the UK.’

4 New Square, 2nd July 2024

Source: www.4newsquare.com

Court of Appeal hands down ruling on use of medical research literature in care proceedings – Local Government Lawyer

Posted June 27th, 2024 in causation, children, evidence, families, news, personal injuries by sally

‘The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event – attributable to “a lack of reasonable parental care”.’

Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Law firm fails with defamation claim over Trustpilot reviews – Legal Futures

Posted June 14th, 2024 in causation, damages, defamation, law firms, news by sally

‘A law firm has failed in a defamation action over negative reviews about it on Trustpilot, with the High Court ruling that it could not prove they caused any financial loss.’

Legal Futures, 14th June 2024

Source: www.legalfutures.co.uk

Did you miss? Davies v Bridgend County Borough Council [2024] UKSC 15 – Gatehouse Chambers

Posted June 14th, 2024 in appeals, causation, damages, duty of care, housing, local government, news, nuisance, Supreme Court by sally

‘The claim arose from the encroachment of Japanese knotweed from the appellant local authority’s (“LA”) land into the respondent’s garden. The respondent had purchased his property in 2004, after the encroachment of Japanese knotweed had begun. It was held that the LA could not be blamed for the encroachment at this time. An actionable tort of private nuisance however arose in 2013, when the local authority should have become aware of the risk of damage and loss of amenity to the respondent’s land as a result of information about Japanese knotweed which became publicly available at that time. The LA was held liable in private nuisance for having failed to prevent the encroachment between 2013 to 2018 when the LA implemented a reasonable and effective treatment programme.’

Gatehouse Chambers, 28th May 2024

Source: gatehouselaw.co.uk

Norman Hay v Marsh – Henderson Chambers

Posted June 13th, 2024 in causation, chambers articles, insurance, loss of chance, negligence, news by sally

‘In a brokers’ negligence claim, when is causation decided on the balance of probabilities and when is a loss of a chance analysis appropriate? Alice Nash considers this question in the light of a recent decision of Picken J in the context of a claim for failure to obtain insurance cover, where he said the loss of a chance approach should arguably prevail.’

Henderson Chambers, 14th May 2024

Source: www.hailshamchambers.com

Council not liable for Japanese knotweed damage – OUT-LAW.com

Posted May 20th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by tracey

‘A recent UK Supreme Court ruling clearly sets out the parameters of the law of private nuisance claims in the context of Japanese knotweed, clarifying the nature and extent of evidence needed to enable a claim to succeed, an expert has said.’

OUT-LAW.com, 17th May 2024

Source: www.pinsentmasons.com

Cuthbert and White: When the dust settles … what does it mean? – Asbestos Law

Posted April 25th, 2024 in asbestos, causation, industrial injuries, news by sally

‘In this blog post, John-Paul Swoboda considers the recent case of Cuthbert, in which Michael Rawlinson KC, Max Archer and Jessica Franklin acted for the Appellant, the widow of Mr Derek Barry Cuthbert and executrix of his estate.’

Asbestos Law, 25th March 2024

Source: asbestoslawblog.uk

Case Preview: Davies v Bridgend County Borough Council – UKSC Blog

Posted April 19th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by sally

‘In this post, Sarah Coates-Madden, Senior Associate at CMS, and Fiona Dalling, Associate at CMS, preview the decision awaited from the Supreme Court in Davies v Bridgend County Borough Council.’

UKSC Blog, 17th April 2024

Source: ukscblog.com

A material difference in material contribution claims – Mills & Reeve

Posted January 19th, 2024 in appeals, causation, news, personal injuries by sally

‘If you’ve ever felt perplexed by the concept of material contribution or its treatment of divisible and indivisible injuries, you’re not alone.’

Mills & Reeve, 18th January 2024

Source: www.mills-reeve.com

CDE v Surrey and Sussex Healthcare NHS Trust; the material contribution elephant in the room – 12 King’s Bench Walk

Posted January 5th, 2024 in appeals, birth, causation, children, damages, delay, families, hospitals, negligence, news, personal injuries, Supreme Court by sally

‘Andrew Roy KC considers the implications of the Court of Appeal’s recent decision CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 in respect of the vexed and important issue of material contribution.’

12 King's Bench Walk, 22nd November 2023

Source: clinicalnegligence.blog

Material Contribution and Holmes v Poeton Holdings Limited: One Issue Down, More to Go – 12 King’s Bench Walk

Posted January 3rd, 2024 in appeals, causation, chambers articles, damages, employment, health & safety, industrial injuries, news, personal injuries by sally

‘Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.’

12 King's Bench Walk, 28th November 2023

Source: clinicalnegligence.blog

Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog

Posted January 3rd, 2024 in appeals, causation, chambers articles, cross-examination, damages, evidence, expert witnesses, holidays, news, personal injuries, Supreme Court by sally

‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’

UK Human Rights Blog, 3rd January 2024

Source: ukhumanrightsblog.com

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

Posted January 3rd, 2024 in appeals, causation, chambers articles, cross-examination, damages, evidence, expert witnesses, hospitals, news, personal injuries, Supreme Court by sally

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths – Ropewalk Chambers

Posted December 20th, 2023 in appeals, causation, compensation, expert witnesses, food hygiene, holidays, news, Supreme Court by sally

‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’

Ropewalk Chambers, 30th November 2023

Source: ropewalk.co.uk

High Court strikes out top footballer’s negligence claim against law firm – Legal Futures

Posted December 4th, 2023 in causation, company directors, damages, law firms, loans, negligence, news by tracey

‘The High Court has struck out a £6m negligence claim brought by a former Premier League footballer against City firm Charles Russell Speechleys (CRS).’

Legal Futures, 4th December 2023

Source: www.legalfutures.co.uk

You Can’t Lose What You Never Had: Ali v HSF Logistics Polska SP Zoo – Pump Court Chambers

Posted November 23rd, 2023 in accidents, causation, chambers articles, ex turpi causa, news, road traffic by sally

‘Mr Ali had incurred credit hire charges of over £21,500 following an accident in which his car was damaged. The Defendant argued that since Mr Ali’s car did not have a valid MOT, and there was no evidence of any intention to obtain one during the period of the car hire, the claim for credit hire could not succeed on grounds of illegality. The car was parked at the time of the accident.’

Pump Court Chambers, 19th October 2023

Source: www.pumpcourtchambers.com

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