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News
Material contribution and clinical negligence – where are we now?
In 2021 there were two cases where judges at first instance heard detailed argument on material contribution in the context of clinical negligence, Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (HHJ Auerbach) and Thorley v Sandwell & West Birmingham NHS Trust [2021] EWHC 2604 (Soole J). These two cases drew significantly on […]
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Leslie Millin succeeds in an employment tribunal claim involving age discrimination, redundancy and furlough
Mr D Edmondson v Premier Christian Communications Limited Case No: 2207250/2020 Leslie Millin represented the Claimant, who was 64 years old was employed as a Telesales Executive, selling advertising on various media. He had around 35 years of previous sales experience. He worked in a team of four sales executives and he was the highest achieving […]
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Joel McMillan helps secure £1.1 million personal injury award for discriminated against banker
Joel McMillan acted on a direct access basis for a banker whose discriminatory treatment by her employer left her with a serious psychological injury. The case made the front page of the Financial Times when the judgment was published this week, and it has been the subject of widespread national media coverage, including in The […]
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Paul v The Royal Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12
Summary In each of these appeals, the primary victim died following clinical negligence on the part of the Defendant. The question for the Court of Appeal was whether the Defendant could be held liable for psychiatric injury to a close relative of the primary victim. The court found that it was bound by Crystal Taylor […]
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The Court of Appeal and Assumption of Responsibility – When do Public Authorities owe a Duty of Care?
Recent Developments: Tindall & Anor v Chief Constable of Thames Valley Police & Anor [2022] EWCA Civ 25 Summary In Tindall, the Court of Appeal outlined the authorities and principles to be applied when considering arguments in relation to an assumption of responsibility by public authorities. Specifically, the Court considered whether the police had […]
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Accountability for Road Safety in the Era of Autonomous Cars
The Law Commission has today published its joint report on Automated Vehicles. The project recognised that where automation is used “a human driver can no longer be the principal focus of accountability for road safety.” The report has therefore recommended a number of key legislative changes ranging from immunity for ‘drivers’ to the creation of […]
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Aidan O’Brien and James Rozier successfully obtain a 90% non-party cost order against Credit Hire Organisation
Parvez v Calpe Insurance Company Ltd – XS Direct Insurance In March 2021, Aidan O’Brien was instructed by DWF to defend a personal injury claim arising from a road traffic accident. The Claimant also brought a claim for substantial credit hire charges. Following a trial before Recorder Lambert QC, the claim was dismissed and the […]
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Court of Appeal rules equity partner’s demotion was not conduct extending over a period but a one-off act with continuing consequences.
Claimants wishing to bring a discrimination claim under the Equality Act 2010 must do so within 3 months of the discriminatory conduct. Claimants can bring their claim in respect of conduct extending beyond 3 months if the conduct was a sequence of events and the last chain in the event occurred within 3 months of […]
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