Author Archives: gexall

WEBINARS: (1) LOSS OF EARNINGS (2) COURT FEES – AVOIDING THE PITFALLS: TWO PLUGS

Just a brief reminder of two webinars this month: one on loss of earnings, the other on court fees and associated issues. CLAIMS FOR LOSS OF EARNINGS This webinar “Claims for loss of earnings: law, procedure and evidence, prove it or lose it” is on the 10th September 2019. The webinar will cover: The law […]

INADEQUATE RISK ASSESSMENT LEADS TO LIABILITY BEING ESTABLISHED: CHISOLM -v- HANKINS CONSIDERED

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer.  The judge also made important observations about the relevance of statutory duties after s.69…

HOW MUCH SHOULD A LEG COST? DETAILED CONSIDERATION OF SUITABILITY OF PROSTHETICS

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. …

THE IMPORTANCE OF RISK ASSESSMENTS: IMPORTANT HIGH COURT DECISION AND A REMINDER OF FORTHCOMING TALK

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…

RISK ASSESSMENTS AND THE VIOLA PLAYER: BOWING TO THE INEVITABLE OR JUST HIGHLY STRUNG?

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 […]

COURT OF APPEAL OVERTURNS FINDING OF 10% CONTRIBUTORY NEGLIGENCE: CLAIMANT’S CONDUCT DID NOT FALL BELOW A REASONABLE STANDARD

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: COURT OF APPEAL GIVES A STEER AS TO HOW IT IS TO BE CONSTRUED

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 […]