Previous Publications

This edition reports on a Complex Regional Pain Syndrome case which was discontinued following the emergence of a Fundamental Dishonesty argument, together with various case updates.

This edition reports on the impact of an investigation by a Department of Transport specialist investigation body on the Coroner’s inquest process, together with various case updates including foreseeability of psychiatric harm.

This edition reports on the operation of the Definitive Sentencing Guideline in a public sector / emergency service sentencing for breaches of the Health and Safety at Work Act 1974, together with various case updates.

This edition reports on foreseeability issues when dealing with accidents in school playgrounds, together with various case updates including a retrospective application for an extension when a Claim Form was misplaced by the Court.

This edition reports on the importance of good photographic evidence in highways matters and focuses on a complex case involving allegations of failure to investigate alleged serious criminal activity, together with various case updates.

This edition includes various case summaries relating to fundamental dishonesty, expert evidence and permission, together with articles on the Motor Vehicles (Compulsory Insurance) Act 2022 and the Police, Crime, Sentencing and Courts Act 2022.

This edition reports on a claim for damages which involved historical Grade Two Listed Structures on Local Authority land, together with various case updates including Fundamental dishonesty and refusal to mediate.

This edition reports on the Claimant’s burden of proof in highways claims in proving that an accident occurred as alleged or that a particular defect had caused the alleged accident, together with various case updates.

This edition reports on an inquest case which involved issues of diagnosis and causation of death in the context of alleged asbestosis with concurrent COVID-19 lung fibrosis, a discussion on the bold judicial review of the Compensation Recovery Unit scheme in the context of long tail claims and includes various case updates.

This edition includes case summaries relating to fundamental dishonesty, jurisdiction and portal medical evidence, together with an article on the Highway Code changes.

This edition reports on the successful defence on a matter concerning highway kerb lines and s.41 dangerousness, an analysis of the Health and Safety Executive annual statistics for 2020-21 and includes various case updates.

This edition reports on the assistance of historical land documents when dealing with defects bordering different owners’ land, further developments in the case law around social services failure to remove claims and includes various case updates.

This edition reports on the successful Defence against a claim for personal injury in an Employers Liability case in the context of agency workers (grass cutters) and also in the context of the use of unauthorised equipment and includes various case updates.

This edition includes case summaries relating to capacity whilst drunk, complex regional pain syndrome, liability apportionments and whether a photograph is more reliable than the party’s own evidence.

This edition reports on the successful Defence against a claim for personal injury in which the Claimant’s reliance and/or lack of reliance upon his Sat Nav clearly contributed to the alleged accident and includes various case updates.

This edition reports on the successful repudiation of a living mesothelioma claim, considers an important judgment in ‘failure to remove’ claims and includes various case updates.

This edition includes case summaries relating to capacity to litigate, accidents involving pedestrians and an article which considers whether conditions can be attached to Part 36 offers.

This edition considers historical and unique features in the context of alleged defects / dangers under the Occupiers’ Liability Act 1957, together with various case summaries.

This edition examines the recovery of costs in a case where the Court found the Claimant had been fundamentally dishonest and case summaries relating to occupiers’ liability and vicarious liability in sexual abuse claims.

This edition considers the scope of the duty to maintain the highway under section 41 of the Highways Act 1980 and case-law updates relating to claims for dependency under the Fatal Accidents Act, fixed costs, fundamental dishonesty and service of the Claim Form.

This edition considers the test of dangerousness where the accident locus is not part of the adopted highway, a focus on the scope of the duty of care in professional negligence claims and various case summaries.

This edition considers recent case-law relating to expert evidence, fundamental dishonesty, credit hire and costs.

Our monthly review of developments in the insurance and public sector. This edition considers a workplace accident claim in the post-ERRA era and case updates relating to limitation, medical agency fees and ‘failure to remove’ claims.

This edition reports on a claim involving a needlestick injury where de minimis was considered, reviews the recent High Court judgment in DFX & Others v Coventry City Council [2021] and includes various case updates.

This edition examines a claim where the judge had to decide whether the accident locus formed part of the adopted highway and case-law updates relating to amendments to the Defence / fundamental dishonesty, Part 36 offers in relation to protected persons and vicarious liabilty.

This edition includes articles relating to whiplash reforms, the end of Vnuk in the UK as well as various case summaries.

This edition examines a case which illustrates the importance of the Claimant’s burden of proof, together with case-law updates relating to the adjournment of trials, Part 36 offers and vicarious liability.

This edition includes a follow up article on the development of remote trials and hearings from a regulatory and criminal perspective, as well as case updates in relation to ‘failure to remove’ claims and costs.

This edition includes a report on the development of remote trials and hearings since the initial Covid-19 lockdown in March 2020, as well as various case updates.

This edition covers case summaries relating to an accident abroad, a delay in applying for expert evidence, dishonesty and relief from sanctions.

This edition includes a report on a workplace accident claim where the trial judge had to consider a variety of allegations raised by the Claimant, a focus on employers’ liability / vicarious liability and recent case updates.