‘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.’
Ropewalk Chambers, 14th March 2023
Source: ropewalk.co.uk
‘The Infected Blood Inquiry published its second interim report on Wednesday, 5 April 2023. Steven Snowden KC and Achas Burin of 12KBW, alongside Brian Cummins of Old Square Chambers, represented the largest group of victims in the Inquiry. In this blog article, Achas summarises and comments on the second interim report.’
Inquests and Inquires Law Blog, 6th April 2023
Source: inquestsandinquirieslawblog.com
‘The chairman of the infected blood public inquiry, Sir Brian Langstaff, said it was time to “recognise deaths which have so far gone unrecognised”.’
BBC News, 5th April 2023
Source: www.bbc.co.uk
‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’
3PB, March 2023
Source: www.3pb.co.uk
‘Legal proceedings have been formally issued against the Rugby Football League on behalf of 100 former league players who contend the sport was negligent in failing to take reasonable action to protect them from serious brain injuries.’
The Guardian, 4th April 2023
Source: www.theguardian.com
‘In Czernuszka v King [2023] EWHC 380 (KB), the Claimant, an amateur rugby player was tragically rendered paraplegic and wheelchair-dependent for the rest of her life. She claimed damages in negligence against the Defendant, who carried out the tackle which caused this injury.’
Ropewalk Chambers, 31st March 2023
Source: ropewalk.co.uk
‘A former Royal Marine was medically discharged at the age of 29 years with noise-induced hearing loss (“NIHL”) and tinnitus sustained after training exercises. Primary liability was admitted.’
Ropewalk Chambers, 28th March 2023
Source: ropewalk.co.uk
‘CNZ v Royal United Bath Hospitals NHS Foundation Trust is a must-read for those practising in clinical negligence and especially for those practising in birth injury cases. However, the case also provides useful guidance on material contribution and apportionment. Ritchie J sketches out important parameters on the law on material contribution and extracts the important distinction between divisible injury and divisible
outcome. The terminology can be nebulous unless a distinction is drawn between these concepts (injury and outcome) which Ritchie J provided with welcomed clarity. The law on material contribution has migrated from industrial disease to clinical negligence litigation and the judgment provides important guidance when a Claimant suffers an injury from a combination of tortious and non-tortious causes.’
3PB, March 2023
Source: www.3pb.co.uk
‘The London Borough of Richmond has been allowed to defend a £6m mesothelioma claim, after the High Court set aside a default judgment made in 2021.’
Local Government Lawyer, 31st March 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Ropewalk Chambers, 15th March 2023
Source: ropewalk.co.uk
‘An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners – Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB)’
Ropewalk Clinical Negligence Blog, 8th March 2023
Source: www.ropewalk.co.uk
‘A rugby player who was paralysed from the waist down after a “reckless” tackle has won her high court claim against the opposing player who made the “red mist” challenge.’
The Guardian, 23rd February 2023
Source: www.theguardian.com
‘The ruling of a district judge highlighting apparent collusion between solicitors, medical experts and others in inflating a personal injury claim is an important landmark in the fight against fraud, the defendant lawyer involved has argued.’
Legal Futures, 23rd February 2023
Source: www.legalfutures.co.uk
‘Insurers are seeking to challenge a key ruling on damages for mixed injury cases in the Supreme Court, it emerged today. The Association of British Insurers (ABI) said it has sought permission to appeal the rulings in Briggs and Rabot that were handed down last month by the Court of Appeal. The trade body is understood to be heartened by the dissenting judgment of master of the rolls Sir Geoffrey Vos and believes there are wider policy grounds at stake that the Supreme Court should consider.’
Law Society's Gazette, 20th February 2023
Source: www.lawgazette.co.uk
‘It’s been a fortnight since the letters of claim went out in the latest round of legal action against World Rugby, the Rugby Football Union and the Welsh Rugby Union. Here in the Guardian we ran an interview with one of the claimants, 48-year-old Alex Abbey, who was diagnosed with probable CTE in 2015, 12 years on from the end of a club rugby career in which he suffered multiple concussions. Abbey is one of 55 former amateur players involved in the case. It is a much smaller group than the 225 former professionals involved in the first lawsuit we reported on in 2020, but, for the authorities, it could be even more damaging.’
The Guardian, 2nd February 2023
Source: www.theguardian.com
‘A girl who had all four of her limbs amputated after she was wrongfully discharged from hospital has won a multimillion-pound payout.’
The Independent, 22nd January 2023
Source: www.independent.co.uk
‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’
BBC News, 19th January 2023
Source: www.bbc.co.uk
‘A claimant who discontinued his personal injury case on the morning of trial should still be entitled to costs protection, the Court of Appeal has ruled.’
Law Society’s Gazette, 18th January 2023
Source: www.lawgazette.co.uk
‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’
Law Society's Gazette, 13th January 2023
Source: www.lawgazette.co.uk
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