Miles McCollum, pupil barrister at 12KBW, examines the latest Supreme Court judgment on vicarious liability – this time, the liability…
“Not Kafka-esque”, Just Common Sense: Why Solicitors Must Chase the Seal
Charlotte Buck, pupil barrister, outlines the procedural practice points arising out of the recent Court of Appeal decision in Bali…
Mind over matter? Brain injury and the consequences of expert speculation
What are the consequences when an expert introduces a new theory during cross-examination? Charlotte Buck, pupil barrister, analyses practice points…
Potential probative value outweighs criticisms of production of surveillance evidence in Perrin v Walsh [2025] EWHC 2536 (KB)
In Perrin v Walsh, criticisms about the production of surveillance evidence were outweighed by its probative value when determining admissibility. Daniel…
Anonymity orders in injury cases: new PF10 issued following PMC v Cwm Taf Morgannwg [2025] EWCA Civ 1126
John-Paul Swoboda KC analyses the judgment in PMC and updates practitioners as to the new PF10 form issued by the…
Does an estate inherit a claim for diminution in value of lost services? Keating (administrator of the estate of Stephen Birtles) v Abdisalan (1) and Aviva Insurance Ltd (2) [2025] EWHC 1926 (KB)
Isaac Hogarth of 12KBW discusses this case, in which he appeared for the successful 2nd Defendant in a strikeout application…
Intentional inflictions of injury and civil claims for abuse
Recent media reports of abuse raise questions about the intentional infliction of injury in tort. In this blog post, Megan…
Reckless tackles are negligent tackles: Elbanna v Clark in the Court of Appeal
Megan Griffiths of 12KBW updates practitioners on the Court of Appeal’s decision in Elbanna v Clark [2025] EWCA Civ 223…
E-Scooter Claims and Illegality – Where Are We Now?
Bébhinn Murphy explores the first reported e-scooter case to consider the defence of illegality, with input from Oliver Rudd, who…
Clarke v Poole: To reopen or not to reopen
Finn Selman, Pupil Barrister at 12KBW, discusses the issues of medical examination and fairness between the parties in the latest…
No assumption of responsibility after release from police custody: Dobson v Leicestershire Police
Author: Alexander Cornelius, (pupil barrister, 12KBW) In the tragic case of Dobson v Chief Constable of Leicestershire Police [2025] EWHC…
Police liability, failures to warn, and difficulties with the ‘interference principle’: Chief Constable of Northamptonshire v Woodcock [2025] EWCA Civ 13
Jessica Muurman examines the judgment in Chief Constable of Northamptonshire v Woodcock [2025] EWCA Civ 13, in which the Court…
Samrai v Kalia [2024]: lessons for experts and the difficulties in establishing fundamental dishonesty
Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual…
Anonymity orders: the view from the coalface following PMC v A Local Health Board [2024] EWHC 2969 (KB)
In this blog post, Finn Selman, pupil barrister at 12KBW, analyses the judgment in PMC v A Local Health Board…
Liability for omissions: Is the law as it should be?
John-Paul Swoboda examines liability for omissions in the police negligence case of Tindall v Chief Constable of Thames Valley Police…
Price v Marston’s Plc [2024] EWHC 1352 (KB): a short case comment
Courts should not lightly depart from precedent and actuarial & statistical tools, such as those based on the Ogden tables,…
The Court of Appeal rules that local authorities can be vicariously liable for abuse in familial foster placements: DJ v Barnsley
In this blog, Megan Griffiths of 12KBW considers the Court of Appeal’s decision in DJ v Barnsley on the first…
Employment and personal injury case brought by trainee naval cadet struck out
Robert Oldham, pupil barrister at 12 King’s Bench Walk, highlights the lessons for practitioners in Townsend v Corporation of Trinity…
Doughty v Kazmierski: contributory negligence of motorcyclist in a four-vehicle collision
Steven Snowden KC secures a finding of 25% contributory negligence in the liability-only trial of a road traffic accident where…
To stay or not to stay – medical examination and fairness between the parties
HHJ Gargan in Clarke v Poole and others [2024] EWHC 1509 (KB) held that the Claimant’s claim for future losses,…
Strike-out on the basis of facts, not law
Lukes v Kent & Medway NHS Trust is an instructive illustration of whether strike-out applications can succeed on factual grounds against either healthcare or police defendants in the context of claims for provision of negligent mental health treatment/assessment.
Clark v Adams: personal injury claim against Gerry Adams to proceed to trial
An application to strike out personal injury claims arising out of the Troubles succeeded in part. The case raises unusual…
Liability for Negligent or Reckless Tackles: Elbanna v Clark
Megan Griffiths and Spencer Turner consider the recent High Court decision of Elbanna v Clark [2024] EWHC 627 (KB), a case in which a rugby tackle was found to have been negligent.
Criminal injuries compensation and “Daisy’s Law”
Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024]…
Ex turpi defence fails where claimant acquitted for insanity: Lewis-Ranwell v G4S in the Court of Appeal
Megan Griffiths and Achas Burin look at the defence of illegality as analysed in the recent Court of Appeal decision, Lewis-Ranwell v G4S Health and others [2024] EWCA Civ 138. The Court of Appeal found by a majority of 2-1 that a claimant acquitted of murder by reason of insanity was not prohibited from bringing a negligence action because, although they had committed a criminal act, they had not been deemed criminally responsible for it and it would be contrary to public policy to debar them.
Disclaimer
This blog is for information purposes only. The blog does not offer legal advice and should not be interpreted as…
Arshad v Wokingham District Council [2022] EWHC 2419 (KB): Case Comment
Bourne J recently handed down judgment in Arshad v Wokingham District Council [2022] EWHC 2419 (KB), in which David Green of 12KBW…