September 2016 #148 – Law Journals

Costs: Unbefitting conduct

Paul Jones examines a case where a successful defendant paid costs due to delayed disclosure ‘The claimant applied to the court for an order for costs in their favour due to, in their submission, the unreasonable conduct of the defendant in failing to disclose relevant documentation at the earliest opportunity and, thereby, causing unnecessary costs …

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Workplace Regulations: Closing the door on strict liability: a new ERRA of realism

Steven Conway explains the recent decision in Katie Cruz v Chief Constable of Lancashire [2016] and why it hopefully signals the dawn of a new age for workplace claims ‘The Court of Appeal rejected the argument that every time a cell door is left open it creates a material risk of injury, stating that the …

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Case Report: Carder v The University of Exeter [2016] EWCA Civ 790

Asbestosis; asbestos exposure; liability; actionable damage ‘The Master of the Rolls pointed out that there was an inherent contradiction in the University’s case between accepting it had made a 2.3% contribution to a cumulative disease which causes an individual to be worse off and then seeking to argue that this contribution had made no difference.’ …

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Serious Incident Investigations: Full disclosure of NHS records

Selena Plowden discusses the legal frameworks and likely objections to the release of documents by an NHS trust ‘In the context of a request for documents in contemplation of litigation, claimant lawyers must consider whether it is right that these documents should be withheld and the legal basis for any such claim.’ This article addresses …

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Liability: A catalogue of errors

In part two of his article, Robert Weir QC continues his compilation of the most significant cases involving liability decisions from the last year ‘The judge properly recognised that the burden of proof lay with the claimant and did not draw inference of negligence from the fact that the extrusion had been retained.’ Part …

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Brain Injury: Occupational therapy and the litigation process

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Independent occupational therapist Laura Slader outlines the role occupational therapy plays in brain injury litigation ‘During a litigation case medical experts are brought in to predict loss of earnings and what support, care and equipment will be required in the long term.’Ask most people what an occupational therapist is and they will probably answer, ‘someone …

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Causation: The sum of the parts

Matthew White weighs up the ‘but for’ test and material contribution in cumulative cause cases ‘The “material contribution” approach applies just as much to multiple factor cases as to single agency cases.’ An article in this publication in 2013 (‘Breach of duty and causation, where are we now?’ by Christopher Sharp QC and Matthew White, …

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