Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Swift v Carpenter [2018] EWHC 2060 (QB) Mrs Justice Lambert carried out a detailed consideration of the value and cost of prosthetic legs.   It is unusual for this issue to be considered at length and the judgment is worth reading for that issue alone. …

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation.   On appeal the judge  rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not…

The case of Goldscheider v The Royal Opera House Covent Garden Foundation [2018] EWHC 687 (QB) received a lot of attention because of the unusual facts. However the case is, in fact, a classic illustration of the central importance of the risk assessment in modern litigation. THE RISK ASSESSMENT: FORTHCOMING TALK Here we concentrate upon one […]

In a short judgment today in Casson v Spotmix Ltd & Ors [2017] EWCA Civ 1994 the Court of Appeal overturned a trial judge’s decision that a claimant who suffered injury at work was contributory negligent. “the extent to which the claimant’s conduct could be criticised fell considerably short of that which could properly be categorised […]

Section 2(2) of the Animals Act 1976 has come under some criticism over the years, from the judiciary and practitioners.  The section came under scrutiny again in the Court of Appeal decision in Williams v Hawkes [2017] EWCA Civ 1846   KEY POINTS s.2(1)(b) of the Animals Act 1976 applies where the animals “characteristics” are temporary […]

In Lewington v The Motor Insurance Bureau [2017] EWHC 2848 (Comm)  Mr Justice Bryan considered whether a stolen dumper truck being driven on a public road was covered by the MIB agreement.  There was a clear, and unequivocal finding that it was.   I”n the above circumstances I set aside the Award in whole under section 69(7)(d) of the […]

The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lead to claims being made which, ultimately, cannot be proven.   An example of this can be seen in the decision of Mr Justice Nicol […]