Fundamental dishonesty: recent lessons

Fundamental dishonesty: recent lessons Elizabeth-Anne Gumbel KC Ms Wilma Agnes Cullen - and – Dr Ruth Henniker-Major [2024] EWHC 2809 (KB) This was a clinical negligence case arising out of a negligently delayed diagnosis of laryngeal cancer, resulting in more extensive treatment for the cancer than would otherwise have been…

Vicarious Liability for Abuse by Foster Parents who are also Relatives

Vicarious Liability for Abuse by Foster Parents who are also Relatives Lizanne Gumbel KC DJ v Barnsley Metropolitan Borough Council, AG [2023] EWHC 1815 (KB) Introduction Despite the developments in the law of vicarious liability through the cases of: JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust…

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation Lizanne Gumbel KC Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 Introduction In 1965, Lord Pearce, in the case of Imperial Chemical Industries Ltd v Shatwell [1965] AC 656, described…

Contested Interim Payment Applications and Why to Avoid Them

Carl Duffy v Centraal Beheer Achmea [2020] EWHC 3341 Interim payment applications in clinical negligence and other personal injury cases are a prolific area of contested litigation. It is surprising how often an interim payment cannot be agreed. It is probably partly because applications need to be made urgently to…