‘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
‘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
‘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
‘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
‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’
Doughty Street Chambers, 16th November 2023
Source: insights.doughtystreet.co.uk
‘In JXH v The Vicar, Parochial Church Council and Churchwardens of the Parish Church of Holcombe Rogus [2023] EWHC 3221 (KB), JXH claimed damages for injury and harm caused by two sexual assaults committed in the period 1979-1981 by Vickery House. The claim was brought against the parish, House having been the incumbent at the time the assaults took place. The parties were agreed that the sexual assaults had taken place, that JXH had suffered damage, including mental harm, and that the appropriate damages award would be £12,000. At the time the assaults took place, BXB was living in a “quasi-monastic” community in a cottage in the parish with two other two young men, supervised by House.’
Law & Religion UK, 3rd January 2024
Source: lawandreligionuk.com
‘Mann v Towarzystwo Ubezpieczen Inter Polska S.A and Ors is a useful first instance judgment on the assessment of damages arising from negligent cosmetic surgery abroad. The rising trend for such surgery suggests that travel law practitioners are likely to become well versed in claims of this nature. Aliyah Akram acted for the Claimant in Mann and this post is written by Jessica Muurman.’
International & Travel Law Blog, 29th November 2023
‘An award of damages in an asbestosis claim is reasonably substantial, often in the region of six figures. It is almost always made on a provisional basis, a consequence of which is that, unless the return clauses are activated, special damages are usually lower than general damages. Therefore, the award for general damages is likely to be the main component of the relatively large total award of damages in such claims.’
Ropewalk Chambers, 9th November 2023
Source: ropewalk.co.uk
‘Join chemist Professor Roy Harrison and environmental law silk David Hart, for a review of recent personal injury lawsuits where claimants seek damages for exposure to toxic substances. Despite the technical challenges, this litigation is key to environmental protection.’
Law Pod UK, 18th December 2023
Source: audioboom.com
‘Prince Harry has won 15 claims in his case accusing Mirror Group Newspapers of unlawfully gathering information for stories published about him.’
BBC News, 15th December 2023
Source: www.bbc.co.uk
‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’
Legal Futures, 15th December 2023
Source: www.legalfutures.co.uk
‘This case is concerned with what a respondent needs to demonstrate to take advantage of the Defamation Act 1952 (the “1952 Act”), s 3(1), in a claim for malicious falsehood and avoid the need to prove special damage.’
UKSC Blog, 11th December 2023
Source: ukscblog.com
‘Lawyers and journalists filled court 75 at London’s Royal Courts of Justice last Friday for the latest development in claims being brought by 295 rugby union players against World Rugby Limited, Welsh Rugby Union Limited and England’s Rugby Football Union over brain injuries. Senior Master Cook heard an application by the claimants for a group litigation order (GLO) – but it soon became clear that no such order would be made, with Cook telling the parties early on that this would be “premature”.’
Law Society's Gazette, 8th December 2023
Source: www.lawgazette.co.uk
‘Richard Desmond, the Brexit-backing media tycoon, is invoking EU law to sue the gambling regulator after it rejected his “fanciful” bid to run the national lottery, in a suit that could deprive good causes of millions of pounds.’
The Guardian, 3rd December 2023
Source: www.theguardian.com
‘A judge at Central London County Court has awarded a claimant more than £50,000 in damages after her council property was found to be unfit for human habitation.’
Local Government Lawyer, 4th December 2023
Source: www.localgovernmentlawyer.co.uk
‘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
‘Former Wales stars Gavin Henson and Colin Charvis are among 295 ex-players suing the rugby authorities over brain injuries, it has emerged. The High Court heard on Friday that an application for the cases to be heard collectively would be made next year.’
BBC News, 2nd December 2023
Source: www.bbc.co.uk
‘The Competition Appeal Tribunal (CAT) has approved a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR.’
Legal Futures, 24th November 2023
Source: www.legalfutures.co.uk
‘Thousands of Nigerian villagers can bring human rights claims against the fossil fuel company Shell over the chronic oil pollution of their water sources and destruction of their way of life, the high court in London has ruled.’
The Guardian, 23rd November 2023
Source: www.theguardian.com
‘Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
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