Personal Injury

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Recent Articles

  •  
    13.09.2023
    United Kingdom

    What’s all the RAAC-et about?

    Concerns around Reinforced Autoclaved Aerated Concrete (“RAAC”) have become increasingly widespread since the Department for Education recently issued new guidance on the material’s management in the context of school buildings. As a result of the guidance, schools across the UK known to contain RAAC have closed, and alternative venues have been sought to commence the new school term.Problems associated with RAAC are not however exclusive to the public sector. RAAC was commonly used for the construction of roof decks, walls, and floor reconstructions across a broad spectrum of...
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  •  
    14.07.2023
    United Kingdom

    (Un)Reasonable alternative treatment – In the Eyes of the MD Holder - The Supreme Court rows back on Montgomery consent

    The case of McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26 is significant as it addresses the appropriate legal test when looking at what constitutes “reasonable alternative treatment”. The Supreme Court unanimously dismissed the appeal and found that the professional practice test set out in Bolam v Friern Barnet Hospital Management Committee [1957] 1 WLR 582 (“Bolam”) is the correct legal test in determining  a doctor’s responsibility to discuss reasonable treatment options when obtaining a patient’s...
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  •  
    30.05.2023
    United Kingdom

    Low dose asbestos exposure from the 1960s: when it is found to be enough

    Judgment in the case of Ness v Carillion Capita Projects [2023] EWHC 1219 (KB) gave consideration to the state of knowledge and foreseeability of risk of injury in a case involving both an early period of exposure from the 1960s and a very low dose.BackgroundThe personal representative of the estate of Mr Harrison, Sharon Ness, pursued a claim against his former employer Bovis alleging that he had been exposed to asbestos for a short period in the 1960s causing him to develop mesothelioma.It was alleged by the claimant that Mr Harrison was exposed to asbestos whilst working for Bovis as a...
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  •  
    15.05.2023
    United Kingdom

    Civil Justice Council Costs Review – Final Report

    It feels that barely a week goes by without an update to costs legislation or a paper on potential future legislative changes. This week it is the turn of the Civil Justice Council (CJC) who have published their final report, following the establishment of a working group in April 2022. The working group was tasked with considering four issues concerning costs; (i) guideline hourly rates (ii) costs budgeting (iii) pre-action and digitisation (iv) consequences of the extension of fixed recoverable costs.The working group produced an initial paper raising questions for consideration. These questions...
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  •  
    04.05.2023
    United Kingdom

    Supreme Court rules again on boundaries of vicarious liability – applying the close connection test

    In Trustees of the Barry Congregation of Jehovah’s Witnesses (Appellant) v BXB (Respondent), the Supreme Court had to consider whether the Watch Tower Bible and Tract Society of Pennsylvania (WTBTSP) was vicariously liable for the rape of a member of a Jehovah’s Witnesses congregation by a congregational elder. In concluding that it was not, the court has provided further clarification on the boundaries of vicarious liability, in particular the application of the “close connection” test. BackgroundMark Sewall was an elder in the Barry Congregation of Jehovah’s...
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  •  
    24.04.2023
    England and Wales

    Extension of Fixed Recoverable Costs – 10 Headlines for Litigators

    The extension of Fixed Recoverable Costs (FRC) has been in the background for all litigation practitioners for the last 18 months after the Ministry of Justice, in September 2021, set out the intention to bring the 2017 recommendations of Sir Rupert Jackson to life.Initially set for October 2022, the implementation date was firstly pushed back to April 2023 and then again to October 2023. Absent of draft revisions to the CPR, scepticism was growing as to whether the October 2023 date would remain.On 20 April 2023 the Civil procedure Rules Committee brought FRC to the foreground, publishing the...
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