Zenith Chambers are proud to announce that the Lord Chief Justice has appointed; Colin Richmond, Ruwena Khan, Chris Rafferty, Mark Henley and Keith Allen as a Deputy District Judge on the North Eastern Circuit. Huge congratulations! Advertisements

Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) Claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive The claimant was a qualified gas engineer who, on 14th July 2013 in the course of his employment, […]

In Prosser v British Airways Plc [2018] EW Misc  the Claimant was unsuccessful in his claim for damages arising from an injury suffered as a result of sitting next to a passenger of large stature  on the Defendant’s aircraft. Frances Lawley THE RELEVANT TEST The relevant test was: that the claimant suffered injury; as a result of an […]

In Blake v Mad Max Ltd  [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that damages cannot be awarded for a “wake” and provides a […]

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 of the ERRA 2013.   “Breach of this regulation does […]

I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from […]

Another case dealing with the thorny issue of withdrawn Part 36 offers is Britned Development Limited v ABB AB & Anor. Here, the Defendant withdrew a Part 36 offer after trial but before judgment. The Claimant was awarded damages in a lower sum and the parties were in a dispute as to the costs consequences. […]