Author Archives: gexall

FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED

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 […]

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

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 […]

ZENITH PERSONAL INJURY ANNUAL UPDATE LECTURE: SEE THE PICTURES – DO THE QUIZ

Over a 100 people attended our annual update on the 22nd November.  Thanks to everyone who attended. We hope you had as good as time as we did.  Here are a few pictorial highlights. The course was opened by Gordon who explained that if people stayed to the end they would get Smarties.   This […]

ZENITH PI GROUP IN THE DIRECTORIES

Members of the group (and our clerks) have been reviewed favourably in the legal directories.  Here is what The Legal 500 & Chambers & Partners are saying about us.   THE LEGAL 500 PERSONAL INJURY AND CLINICAL NEGLIGENCE Zenith Chambers’ ‘very knowledgeable’ personal injury team reports a significant uptick in instructions from both claimants and […]

Zenith’s Annual PI Seminar

PERSONAL INJURY LITIGATION IN AN AGE OF PROPORTIONALITY 2018: KNOWLEDGE, SKILLS AND EFFICIENCY TO HELP YOU THROUGH 2019 AND BEYOND. To book on the course – follow the link here.  This year Zenith’s Annual Update developments in the personal injury world has  a particular emphasis on efficiency cost-effectiveness. To help ensure that you can deliver […]

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

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.  Gordon Exall looks at the key points to come out […]

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…