Vicarious Liability – Is It Still ‘On The Move’?

WM Morrison Supermarket plc v Various Claimants [2020] UKSC 12  Barclays Bank plc v Various Claimants [2020] UKSC 13  This article originally appeared in Issue 5 (May 2020). These parallel judgments, handed down on the same day by the Supreme Court, clarify the two stage approach to determining whether an…

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…

PPE Provision

One of the totemic issues that has emerged over recent weeks as part of the COVID-19 pandemic is the provision of ‘appropriate’ and ‘sufficient’ Personal Protective Equipment (“PPE”), above all to those providing hands-on care to patients in hospital and to residents in care homes.  Leaving aside criminal liability for…

Relationship Between Criminal and Civil Liability under the Occupiers’ Liability Act and Causation

Mrs James v The White Lion Hotel [2020] 1 WLUK 39  This article originally appeared in Issue 4 (March 2020). The facts  The Deceased fell out of the sash window of a second-floor hotel room in the middle of the night and died. The sill of the window was much…

When Medical Technology Goes Wrong

Hastings v Finsbury Orthopaedics Ltd and Stryker UK Ltd [2019] CSOH 96  This article originally appeared in Issue 4 (March 2020). Modern medicine increasingly makes use of sophisticated technology, from algorithms for assisting in diagnosis to robots for surgical procedures. But what happens when the technology goes wrong; who is…

Bespoke Life Expectancy Evidence

Dodds v Arif & Anor [2019] EWHC 1512 (QB)  This article originally appeared in Issue 2 (July 2019). The court refused a Defendant’s application at a CMC to admit evidence from an expert specifically in the field of life-expectancy statistics and calculations. It provided guidance as the types of cases…

Fundamental Dishonesty

This article originally appeared in Issue 2 (July 2019). Introduction  There are two separate and distinct regimes relating to fundamental dishonesty in litigation which have been available in personal injury claims since 2013. However, in the last year or two, there has been increasing attention focused on the perils and…