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Personal Injury

Rix v Paramount Shopfitting Ltd

Rix v Paramount Shopfitting Co Ltd and the effect on dependency claims

Will Young looks at quantification of dependency claims under the Fatal Accidents Act after a mesothelioma case, Rix v Paramount Shopfitting Co Ltd, is heard in the Court of Appeal. The Deceased in this case, Mr Rix, was exposed to asbestos by the Defendant in the 1970s. He developed mesothelioma and died in 2016 aged 60. His widow brought a claim against the Defendant under the FAA for damages including a claim for loss of financial dependency. The background In the High Court, the Defendant had argued that there was no loss of dependency as the Claimant had inherited the business, which remained profitable after Mr Rix’s death (indeed it had become more so). Hence it was said that there…

Personal Injury, Personal Injury 13 Dec, 2021

Carin Hunt discusses the registration of cyclists with Lexis PSL

In a recent Lexis PSL News Analysis article, Carin Hunt considers how cycling and e-scooters may be regulated in the future and the potential impact for practitioners on personal injury law. Sabina Habib of Lexis Nexis interviewed Carin Hunt for a Personal Injury Analysis piece, published in July 2021. We summarise the their conversation below. Registration of cyclists The first idea considered by Carin in this interview was originally floated by motoring lawyer Nick Freeman. Freeman proposed the creation of a licensing system for cyclists and e-scooter riders. The suggestion is for cyclists to be compulsory registered, to wear numbered tabards, and be eligible for penalty points should they break the rules of the road. Carin cites expense, practical complexity, and the potential hidden…

Legal Blog & Publications, News, Personal Injury 30 Jul, 2021

James Counsell QC and Ben Bradley compel Chelsea FC to clarify its Defence in Racial Abuse Proceedings

In a recent High Court application before Stacey J, James Counsell QC (leading Ben Bradley) obtained a Court Order compelling Chelsea FC to clarify its Defence in abuse proceedings. Four Claimants aver that they were subjected to abhorrent racial abuse by two Chelsea FC team coaches, whilst playing for the club’s youth teams, and that such abuse is actionable as a matter of law. In the proceedings initially, Chelsea FC simply put the Claimants to proof that the abuse took place. They subsequently served evidence from the 2 football coaches involved, which (1) denied that much of the abuse took place; but (2) where abuse did take place, they averred that it was acceptable by the standards of the day. Neither of these…

News, Personal Injury 14 Jul, 2021

James Counsell QC and Ben Bradley secure first victory in Manchester City FC Child Abuse Litigation

James Counsell QC and Ben Bradley have successfully appeared on behalf of the Claimants in the high profile case of TVZ and Ors v Manchester City FC, which was widely reported, particularly on the back sports pages of the national press. James and Ben currently represent eight Claimants, all of whom were abused by Barry Bennell. It is alleged that Bennell ran a number of youth ‘feeder teams’, which were connected to Manchester City FC and set up to feed young players into its schoolboy teams, once they reached the age of 14. The Defendant instructed solicitors and Leading Counsel to conduct an Inquiry into Bennell’s connections with the club (“the Inquiry”) and had set up a compensation scheme (known…

News, Personal Injury 8 Jul, 2021

James Counsell QC to speak at APIL’s 2021 Abuse Conference

Outer Temple is pleased to announce that James Counsell QC will be speaking at the APIL Abuse Conference 2021 on 15th July. James will be speaking on the topic ‘Consent – the legal perspective’. The conference will take place on Thursday, 15th July. For the second year running, it will take place entirely virtually with delegates able to view the sessions, via Zoom, on APIL’s dedicated conference app. Recordings of the sessions will also be available to view, on-demand, for six months after the live event. James Counsell’s talk The conference will consider broadly a panoply of topics related to abuse. James‘ segment will be at 10.15am on the topic of ‘Consent – the legal perspective’. This will be one of eight talks, with the…

Events, News, Personal Injury 2 Jul, 2021

Lipton v BA City Flyer Ltd: “extraordinary circumstances” and a guide to applying retained EU law

Imogen Egan looks back at the recent Court of Appeal decision in Lipton & Anor v BA City Flyer Ltd, considering the interrelation of “extraordinary circumstances” and Regulation (EC) 261/2004. She also considers the approach to be adopted following Brexit. In this case, the Claimants were booked on a flight, operated by the Defendant airline, due to depart Milan to London City Airport at 17:05 (local time). However, the captain reported feeling unwell at 16:05 (local time), when he was off duty and not at his place of work. He was determined unfit to fly. Under Regulation (EC) 261/2004 (“the Regulation”), the Claimants sought compensation for a flight which was cancelled because the captain became ill, whilst off duty. The Defendants…

Legal Blog & Publications, News, Personal Injury, Travel 2 Jul, 2021

Historical Sexual Abuse Claims: Is Vicarious Liability “On The Move” Again?

James Counsell QC and Joshua Cainer have been published in the latest issue of the Journal of Personal Injury Law. James and Joshua consider the ever moving sphere of vicarious liability and the impact of the recent Supreme Court decision on historical sexual abuse cases. This article discusses the latest Supreme Court decisions on vicarious liability, Barclays Bank Plc v Various Claimants and WM Morrisons Supermarkets Plc v Various Claimants, and their likely effect on the substantive outcomes in personal injury claims arising out of historical and more recent sexual abuse. It considers this by reference to some recent High Court cases on historical sexual abuse which pre-date the Supreme Court’s decisions, as well as one High Court case which…

Legal Blog & Publications, News, Personal Injury 4 Mar, 2021

Historical sexual abuse claims – limitation risks in out of time claims (Part Two)

In this second blog on the particular challenges posed by limitation periods in historical sexual abuse claims, James Counsell QC and Joshua Cainer focus on the second key live issue under section 33(3)(b), namely the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the parties is or is likely to be less cogent than if the action had been brought in time. The first blog can be found here.  In the first of two recent blogs on the particular challenges posed by limitation periods in historical sexual abuse claims, James Counsell QC and Joshua Cainer considered how historical sexual abuse claims are often brought long after primary limitation has expired, in which…

Legal Blog & Publications, Personal Injury 20 Jan, 2021

Historical sexual abuse claims – limitation risks in out of time claims (Part One)

In the first of two blogs, James Counsell QC and Joshua Cainer discuss the particular challenges posed by limitation periods in historical sexual abuse claims, and seek to identify, by reference to four very recent historical sexual abuse High Court judgments, the key considerations which courts take into account when determining whether such claims are barred by reason of expired limitation. The second blog can be found here. Key elements to success in historical sexual abuse claims Sexual abuse claims often rely on vicarious liability as a cause of action. Whilst all claims relying upon vicarious liability have their difficulties, claimants in historical sexual abuse claims have unique challenges to overcome. To succeed, a claimant usually must overcome three hurdles:…

Legal Blog & Publications, Personal Injury 12 Jan, 2021

Brownlie v Four Seasons (No. 2): A Binding Decision on the Meaning of the Tort Jurisdiction Gateway, For Now

Carin Hunt’s article titled ‘Brownlie v Four Seasons (No. 2): A Binding Decision on the Meaning of the Tort Jurisdiction Gateway, For Now’ has been published in the New Law Journal. On 29 July 2020 the Court of Appeal handed down judgment in Brownlie (No. 2) [2020] EWCA Civ 995, the most recent instalment of one of the longest-running jurisdiction disputes in English personal injury law.  It upheld the decision of Nicol J and agreed with the majority of the Supreme Court in Brownlie (No. 1), [2017] UKSC 80. Carin’s article considers the facts of the case, the issue on appeal, the Court of Appeal’s decision and a question of evidence and procedure in the pleading of foreign law You…

Legal Blog & Publications, News, Personal Injury, Travel 5 Nov, 2020

Limitation provisions during lockdown for personal injury & clinical negligence matters

Carin Hunt considers limitation issues resulting from the COVID-19 lockdown in her article for Lexis PSL. In the Lexis PSL article, ‘Coronavirus (COVID-19)—limitation provisions during lockdown for PI and clinical negligence matters’, Carin Hunt considers the consequences of Covid-19 for the limitation of personal injury and clinical negligence claims. Carin looks at delays to the conduct of litigation caused by the pandemic, and considers the use of standstill agreements and the operation of section 33 of the Limitation Act 1980 to keep claims in time. Article If you have subscription to Lexis, you may read the article here.  About the Author Carin Hunt joined Chambers in September 2019, following her pupillage and she is developing a busy practice in the…

Clinical Negligence, Legal Blog & Publications, Personal Injury 12 Aug, 2020

MOJ Publishes Review of Criminal Injuries Compensation Scheme

Carin Hunt outlines the MOJ’s proposed reforms to the Criminal Injuries Compensation Scheme. The proposals seek to better support victims of violent crime, particularly those who suffer historic or current child abuse. The Criminal Injuries Compensation Scheme (“the Scheme”) is a statutory scheme that compensates victims of violent crime in England, Scotland and Wales. On 16 July 2020, the MOJ published its first review of the Scheme since 2012, setting out a number of proposals for reform (“the Review”). The Scheme The Scheme is a tariff-based system for determining injury awards for victims of violent crime. A violent crime is defined in Annex B to the Scheme as one of the following acts, if done either intentionally or recklessly: (a)…

Legal Blog & Publications, Personal Injury 23 Jul, 2020

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