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Case Notes

/Case Notes

De minimis or material? – The survival of the false dichotomy in industrial disease cases – Carder v Secretary of State for Health [2016] EWCA Civ 790

By |September 27th, 2016|Case Notes|

Introduction We recently voiced questioned the use of the maxim ‘de minimis’ when proving causation in multi-exposure industrial disease claims (see here)[1]. It was suggested that in these types of claims the function of the maxim has been subverted. Historically, de minimis was used as a blunt tool to exclude trifling matters from litigation. However, [...]

Williams v Bermuda Hospitals Board: The search goes on?

By |February 10th, 2016|Case Notes, Personal Injury|

Case Background Charles Feeny & Sammy Nanneh In our article in the PI Update Law Journal, "Material contribution: the search for the elusive third way", we argued that the decision in Bailey v. The MOD appeared to accept an exception to 'but for' causation in tort. However, the precise basis and ambit of this approach was neither [...]

McGEER v MACINTOSH: PAVING A SAFER WAY FOR CYCLISTS?

By |November 16th, 2015|Case Notes, Personal Injury|

Case Background This case involved a cyclist who undertook a stationary car at traffic lights and then cycled to the nearside of an HGV which was indicating to turn left. In earlier years, this would have been regarded as a very difficult case for a claimant. In a detailed and careful judgment, the Judge, His [...]

Proving the Difference?

By |November 2nd, 2015|Case Notes, Clinical Negligence|

Case Background The Court of Appeal today handed down Judgment in the case of Christine Reaney v University Hospital of North Staffordshire NHS Trust and Another allowing the Defendant’s appeal against the Order of Mr Justice Foskett. The Court of Appeal have remitted the case to Mr Justice Foskett for further determination in the light of [...]

Zurich Insurance v IEG [2015] UKSC 33

By |June 5th, 2015|Case Notes, Industrial Disease|

Case Background IEG is a solvent Guernsey company, a supplier of gas to the Channel Islands and a subsidiary of a global utilities, transport, energy and timber company quoted on the New York Stock Exchange. IEG is the successor in title of Guernsey Gas Light Co Ltd (“GGLCL”), which for a period of over 27 [...]

The Labyrinth of information: the decision in Spencer v Hillingdon Hospital NHS Trust [2015] EWHC 1058 (QB)

By |May 20th, 2015|Case Notes, Clinical Negligence|

Case Background The Claimant, Mr Spencer, sought damages for personal injury caused by the alleged negligent actions of the Defendant hospital in the lead up to an operation and in the aftermath. The Claimant underwent an operation to correct a hernia in his right groin. The operation was initially undertaken with use of a laparoscope [...]

Alkaline metal and the heart: Davies v Countess of Chester Hospital [2014] EWHC 4294 (QB)

By |January 7th, 2015|Case Notes, Clinical Negligence|

Case Background The Claimant in this action sought damages from the Defendant for the wrongful death of her husband, Mr John Davies, for the events which occurred during his time in hospital in early January 2010. Mr Davies attended hospital in the early morning of the 4th January 2010 having felt unwell on the drive [...]

It’s only logical: Davies v University Hospital of North Staffordshire [2014] EWHC 4004 (QB)

By |December 15th, 2014|Case Notes, Clinical Negligence|

Case Background This was a claim against the Defendant NHS Trust for failure to arrange a brain scan (either a CT or MRI) on two occasions in early 2001. The Claimant subsequently underwent a scan which revealed the presence of a tumour located in the frontal section of the brain. It was accepted by the [...]

McDonald v National Grid Electricity Transmission [2014] UKSC 53

By |November 3rd, 2014|Case Notes, Industrial Disease|

Case Background This was an appeal by the appellant Defendants against the decision of the Court of Appeal in which they held that the Defendants were liable for breach of statutory duty under Asbestos Industry Regulations 1931 regulation 2(a). The respondent Claimant cross appealed against the decision that the Defendants were not in breach of [...]

Macarthy v Marks & Spencer [2014] EWHC 3183 (QB)

By |October 8th, 2014|Case Notes, Industrial Disease|

Case Background Mr Heward died of mesothelioma aged 61. Mr Heward started working for this father’s company aged 16 as a trainee draughtsman and subsequently rose to the position of Managing Director in 1981 upon his father’s death. D H Allan & Sons (the third party) undertook shop fittings and were responsible for maintenance of [...]