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Employer liable to its owner-director for independent contractor’s negligence: Carr v Brands Transport Limited
Posted on 11 April, 2023Introduction 1. In Carr v Brands Transport Limited [2022] EWHC 3167 (KB), the High Court upheld an employers’ liability claim brought by the sole director and majority shareholder of the defend...
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Devereux Brain Injury Newsletter - Spring 2023
Posted on 31 March, 2023A note from the ediotor, Stephen Cottrell: There have not been a great many brain injury cases reported over the last 12 months, but Mrs Justice Hill’s decision in Mathieu v Hinds & Aviva m...
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Sports injuries the test of negligence – Dangerous tackles in rugby
Posted on 24 February, 2023Introduction 1. In Czernuszka v King [2023] EWHC 380 (KB) C was tackled by D in an amateur rugby game as a direct result of which her spine was broken and she became paraplegic. The circumstance...
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Devereux Personal Injury and Clinical Negligence Settlement Update: Winter 2022
Posted on 06 February, 2023Members of the Devereux Personal Injury and Clinical Negligence Group regularly act in high-value and high-profile claims, with a long-established reputation for dealing with all types of accident and...
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Employers’ liability and personal injury: employee status following Atholl House
Posted on 26 May, 2022Traditionally, the law has drawn a sharp distinction between ‘employees’ and others, specifically those properly characterised as self-employed or independent contractors. Albeit still the...
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Sign Up to the Devereux Brain Injury Newsletter
Posted on 03 May, 2022We have now launched our new brain injury newsletter. In the first edition, Stephen Cottrell, Christopher Walker, John Platts-Mills and Thomas Westwell will discuss...
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Devereux Personal Injury and Clinical Negligence Settlement Update: Spring 2022
Posted on 21 March, 2022Members of the Devereux Personal Injury and Clinical Negligence Group regularly act in high-value and high-profile claims, with a long-established reputation for dealing with all types of accident and...
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Assaults on prison officers – establishing liability for negligence in inherently dangerous workplaces
Posted on 28 February, 2022Hill v MoJ [2022] EWHC 370 (QB) concerned an appeal against the order of Recorder Bright QC dismissing a personal injury claim brought by Mr Hill. The judgment of Cotter J, dismissing the appeal, prov...
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Dangerous highways – a motorcyclist and bicyclist update
Posted on 23 September, 2021This article provides an update on three recent cases concerning the duty of highway authorities to “maintain the highway” and specifically their liability to motorcyclists and bicyclists,...
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Getting everything you bargained for: X v Kuoni Travel Limited [2021] determines the scope of ‘holiday arrangements’ in Package Travel claims
Posted on 03 August, 2021Introduction In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package ho...
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Devereux Personal Injury and Clinical Negligence Settlement Update: Summer 2021
Posted on 30 June, 2021Members of the Devereux Personal Injury and Clinical Negligence Group regularly act in high-value and high-profile claims, with a long-established reputation for dealing with all types of accident and...
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Do the Robot: the impact of robotic technology in spinal injury cases
Posted on 24 June, 2021In our latest personal injury blog post, Stephen Cottrell discusses the impact of robotic technology in spinal injury cases. I recently acted with Stephen Killalea QC for a client with a s...
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Developments in parent company liability: Vedanta Resources Plc v Lungowe [2019] UKSC 20
Posted on 22 July, 2019On 10 April 2019 the Supreme Court handed down its decision in Vedanta Resources plc v Lungowe. This decision marks the latest development in the area of parent company liability and the culmination o...
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Mixed blessing for claimants as discount rate remains negative
Posted on 17 July, 2019On 15 July, David Gauke announced that the current discount rate, established in 2017, of -0.75% will be changed to -0.25%. The statutory instrument effecting that change was laid on the same day and ...
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Sexual harassment in the workplace
Posted on 05 June, 2018This article was first published in Personal Injury Law Journal (June 2018) and is available at lawjournals.co.uk. Click here to view the original article. Since the allegations regarding Harvey Wein...
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Credit Hire - The Secular War Continues
Posted on 22 May, 2017In the sphere of credit hire litigation, military metaphors abound. The chain of appellate decisions in this area (stretching back to Dimond v Lovell [2002] 1 AC 384) were famously described by Aikens...
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The Discount Rate: Whatever Next?
Posted on 27 March, 2017On 27 February 2016, the Ministry of Justice announced the first change to the discount rate after sixteen years. The new rate of minus 0.75% took effect on Monday 20 March 2017. So far, it is ...
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The art of JSM: is that your final answer?
Posted on 26 June, 2016The large majority of serious injury claims settle before trial, frequently in joint settlement meetings (JSMs). Rob Hunter gives consideration to several issues that often arise in discussions and se...
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Turning the tables in fatal accident claims: Knauer v Ministry of Justice [2016] UKSC 9
Posted on 18 April, 2016In an article first published by the PI Brief Update Law Journal in March 2016, Stephen Cottrell comments on the Supreme Court’s judgment in Knauer v Ministry of Justice [2016] UKSC 9, handed do...
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Liability update 2016
Posted on 18 March, 2016Rob Weir QC summarises a number of important cases in personal injury and clinical negligence covering issues of liability over the last 12 months. VICARIOUS LIABILITY: 1st stage of the 2 sta...
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QOCS outfoxed: the future of fundamental dishonesty
Posted on 16 March, 2016Nearly three years after the introduction of Qualified One Way Costs Shifting (QOCS), the law is still developing. Rob’s up-to-the-minute review looks at some of the current problem areas, inclu...
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Supreme Court reverses law on multipliers for fatal accident claims
Posted on 24 February, 2016On 24th February 2016, The Supreme Court handed down its decision in the case of Knauer v Ministry of Justice. In a major victory for claimants, multipliers in fatal accident claims will be b...
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Now That’s What I Call Quantum 2015!
Posted on 05 November, 2015In this practical digest Rob Hunter reviews the major reported cases on quantum decided within the last twelve months and distils the key practice points for the busy personal injury practitioner. Th...
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Billett v MOD: Back to the future?
Posted on 23 July, 2015In the much-anticipated decision of Billett v Ministry of Defence [2015] EWCA Civ 773, the Court of Appeal considered the application of Ogden Tables A-D, which purport to provide a more scientific ap...
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