Rahman v Arearose Ltd [2000] EWCA Civ 190 – Law Journals

Case Report: BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188

Apportionment of liability; psychiatric injury; pre-existing illness ‘The tone of Underhill LJ’s judgment is that it will be difficult to convince a court that apportionment is not going to be possible.’ This case revisits the vexed question of divisibility of psychiatric (and other) injury. It is an employment case of wide importance and application. The …

Continue reading "Case Report: BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188"

This post is only available to members.

Case Report: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151

Duty of care; A&E; head injury; waiting times ‘It was not fair, just and reasonable to impose a duty of care on the receptionist to give a patient accurate information about waiting times or not to provide inaccurate information on waiting times.’In Darnley v Croydon Health Services NHS Trust [2017] the court looked at what, …

Continue reading "Case Report: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151"

This post is only available to members.

Case Report: Scott v Gavigan [2016] EWCA Civ 544

Road traffic accident; foreseeability; breach of duty; Highway Code ‘The issue for the Court of Appeal was whether the recorder was wrong to find the claimant wholly to blame for the accident.’Valley Road in Streatham is long and straight, largely residential in character albeit with some commercial premises on it, and it bears a speed …

Continue reading "Case Report: Scott v Gavigan [2016] EWCA Civ 544"

This post is only available to members.

Case Report: Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB)

Duty of care; providing accurate waiting times ‘The failure of the claim on the basis of a lack of proximity is an interesting element, particularly given the reliance on the case of Rahman against a background of finding that there was foreseeability.’ Mr Darnley was attacked by persons unknown and struck on the head. He …

Continue reading "Case Report: Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB)"

This post is only available to members.

Multiple Defendants: Who to sue?

In the second of two articles Linda Jacobs looks at legal liability in multiple defendant claims ‘Where two or more tortfeasors cause different damage to the claimant, the causes of action are distinct from one another. The claimant can sue each defendant, but can only recover the extent of the damage for which each tortfeasor …

Continue reading "Multiple Defendants: Who to sue?"

This post is only available to members.

Breach of duty and causation: Where are we now?

Christopher Sharp QC and Matthew White analyse recent developments and provide practical advice ‘Ultimately it may be judicial pragmatism that provides the key (if not a principled solution) to the apparent conflicts in the case law.’ Must a claimant prove that a defendant’s breach of duty caused their loss before being entitled to recover damages …

Continue reading "Breach of duty and causation: Where are we now?"

This post is only available to members.

Evaluating Claims: Successive causes of injury: the causation conundrum

Julian Matthews assesses the difficult legal issues that arise when multiple causes give rise to a compound injury ‘In clinical negligence cases, the complexity of the factual matrix means that the fine line between recovery and no recovery is regularly tested.’ Most clinical negligence litigation arises out of adverse outcomes secondary to medical intervention required …

Continue reading "Evaluating Claims: Successive causes of injury: the causation conundrum"

This post is only available to members.