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…
Wasted costs and witness statement requirements for non-English speakers
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.
Hadley v Przybylo: recoverability of solicitor attending rehabilitation case management meetings
Non-delegable duties – Must there be blame for a claim?
Thea Wilson assesses the current state of play with non-delegable duties, it being some ten years since Woodland v Swimming Teachers Association [2013] UKSC 66.
University of Bristol v Abrahart (EHRC intervening) [2024] EWHC 299 (KB): failure to make reasonable adjustments contributed to student’s suicide
On 14 February 2024, the High Court upheld the decision of the Bristol County Court in University of Bristol v Dr Robert Abrahart. Ms Abrahart was an undergraduate student who sadly took her own life, the morning before she was meant to deliver an oral presentation.
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