Jockeys and Negligence

Tylicki v Gibbons [2021] EWHC 3470 (QB) Introduction The Claimant and the Defendant were professional flat-racing jockeys. Tylicki alleged that Gibbons’ negligent riding on the all-weather track at Kempton in October 2016 caused his horse to trip and fall leaving him a T4 AIS complete paraplegic. Following a 5-day hearing…

Proving the Dream – Evidencing Claims for Future Loss of Earnings as a Professional Footballer

TVZ v Manchester City Football Club Ltd [2021] EWHC 1179 (QB) Swansea City AFC v Owen [2021] EWHC 1539 (QB) Introduction Two recent cases highlight contrasting approaches by claimants to proving the level of earnings they could have expected to receive as professional footballers, but a generous approach by the…

Running Obvious Risks

Mrs James v The White Lion Hotel [2021] EWCA Civ 31 In Issue 4 the first instance decision was covered. In this article, the appeal is considered. The facts The Deceased fell out of the sash window of a second-floor hotel room in the middle of the night and died.…

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…