Author Archives: gexall

DAMAGES FOR LOSS OF A FATHER: DAMAGES FOR LOSS OF “INTANGIBLE BENEFIT” AWARDED

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
In  CC v TD [2018] EWHC 1240 (QB) His Honour Judge Freedman (sitting as a High Court judge) found that it was appropriate for the court to award damages for loss of intangible benefit when children had suffered the loss of a father. THE CASE The deceased was…

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

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 The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal. […]

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

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
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…

ZENITH CHAMBERS ON THE LEEDS LEGAL WALK

Yesterday, after a rigorous selection process, followed by months of intensive training, a select group set forth from Zenith Chambers to take part in the Leeds Legal Walk. (The compulsory photo outside chambers).   Next year we are buying shares in the company that makes branded T-shirts.       The route (we think) we […]

SUPREME COURT DECISION TODAY: SALT SENSITISATION IS AN ACTIONABLE INJURY

In the judgment today in Dryden and others (Appellants) v Johnson Matthey Plc (Respondent) [2018] UKSC 18 the Supreme Court held, unanimously, that exposure to platinum salts that led the claimants to develop platinum salt sensitisation did give rise to a cause of action. Gordon Exall summarises the main issues. The judgment is available here. A […]

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

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
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…

FATAL ACCIDENTS : COHABITEE IS (OR SHOULD BE) ENTITLED TO BEREAVEMENT PAYMENT

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
The Court of Appeal decided today that the failure of the  Fatal Accidents Act to include cohabitees  within the definition of those entitled to a bereavement payment is incompatible with Section 4 of the Human Rights Act. As the law currently stands cohabitees are  not…