Category: Blog


Surgical consent: Chester, Montgomery & Duce.

Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307 (“Duce”) This blog looks at the recent Court of Appeal decision in relation to cases of surgical consent (“Duce”) and analyses the use in this case of Montgomery v Lanarkshire Health Board [2015] UKSC 11 (“Montgomery”)  and Chester v Afshar [2004] UKHL 41 (“Chester”)…. Read more »

Lost Years and Child Claimants

  The “Lost Years” Head of Loss for Child Claimants     In personal injury claims we know that if an adult with dependants is seriously injured and as a result of this negligence life expectancy decreases then he is able to claim for the lost earnings in the years where he otherwise would have… Read more »

Does a receptionist in an A&E department owe patients a duty of care ?

    Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 This Court of Appeal Judgment was published back in March of 2017, but it is an interesting and topical decision, especially given how busy A & E departments are on a day to day basis. Indeed this Judgment notes that in England… Read more »

  What Counts as a Break from Work? Crawford v Network Rail Infrastructure Case Summary Due to the nature of a person’s work it is not always possible for a definite break to be scheduled into their shift. A recent decision from the Employment Appeal Tribunal, the court that handles appeals from the Employment Tribunal,… Read more »

Lewis Casson v Spotmix Limited and others

Court of Appeal overturn finding of contributory negligence due to the Claimant following an established practice at his workplace   Lewis Casson v Spotmix Limited (in liquidation), Gable Insurance AG (in liquidation) and Red Contract Solutions (Back Office Support) Limited (formerly SDC [NW] Limited) [2017] EWCA Civ 1994 The trial: The Claimant had suffered injuries… Read more »

The Justice Committee’s scrutiny of the proposed discount rate legislation

The Justice Committee’s scrutiny of the proposed discount rate legislation Lois Norris – Legal Services Manager of GMQC Ltd & Legal Assistant to Gerard McDermott QC Yesterday, the Justice Committee published a scrutinising report on the draft legislation in relation to the personal injury discount rate. As we know, the discount rate is currently set… Read more »

The Montreal Convention

  The Montreal Convention The Montreal Convention 1999 is a set of rules that govern international carriage by air whose purpose is to harmonise international laws relating to civil liability and ensure passengers can enforce their rights as simply as possible. It has been part of the law of England and Wales since 2004. How… Read more »

Liability for Ice and Snow on the Roads

  It is estimated that, each year on average, the various highways authorities in the UK grit 40% of the roads they are responsible for, covering a total of 80,000 miles and using, in a cold winter, around 1.2 million tonnes of salt. As you would probably expect, councils do have a legal duty to… Read more »

Criminal Injuries Compensation

If you’ve suffered injury due to being the victim of violent crime, you could be entitled to make a claim for compensation under the Criminal Injuries Compensation Scheme (CICS). In this brief blog post, we look at the basics of the CICS and how it works. What is the CICS? The CICS is administered by… Read more »

Autonomous Vehicles: A Brief Overview

  Every law student knows that to succeed in a claim for negligence, the Claimant must prove someone was at fault for the incident that led to them suffering loss and damage. In the context of a road traffic accident, what this involves is investigating the circumstances of the accident so as to establish whether… Read more »