Showing 1 - 10 of 12
A roundup of recent court decisions raising issues relating to ‘lost years’ claims, guidance on the JC Guidelines, and the latest CPR updates.
It has been more than 12 months since the first national lockdown began. With the roadmap out of lockdown set, we reflect on 2020 and consider what lies ahead in 2021 and beyond.
In this article we compare and contrast asbestos-related injury claims and the potential for future COVID-19 occupational disease claims in both the United Kingdom and United States.
The Civil Justice Council (CJC) working group has published its recommendations on what further reforms could be introduced for low value injury (under £25,000) injury claims. With a focus on resolving meritorious claims more quickly and with the costs reduced, as well as preventing unmeritorious claims, the group concludes that once the pending ‘whiplash reforms’ have been implemented, there should be no further substantive reforms – not least until the detail of recent measures is clarified.
A roundup of recent court decisions raising issues relating to a new test for what may constitute ‘de minimis’ exposure in mesothelioma claims, the application of limitation where a claimant applies to restore a dissolved defendant company for disease claims, and new changes to bereavement damages following the case of Smith v Lancashire Teaching Hospitals 
The coronavirus has become an issue of major concern for everyone, including employers. As events have progressed, there has been an urgent need for more people to be able to work remotely and business continuity is increasingly essential for employers to maintain and preserve their business’ in the uncertain weeks and months ahead.
A roundup of recent court decisions raising issues relating to striking out proceedings against a dissolved company that was later restored, drawing adverse inferences in the absence of noise surveys, a defendant deprived of their defence as their expert was not available for trial, and a request to rely on expert evidence refused as courts applied the overriding objective.
Case review 10-12-2019
In this noise induced hearing loss claim, the Court of Appeal upheld the decision at first instance that adverse inferences could not be drawn against the defendant where there was a lack of noise surveys.
A roundup of recent court decisions raising issues relating to a claim for ‘lost years’, allegations of unlawful air pollution levels, an acoustic shock appeal case, preferred funding methods for shortened life expectancy and a failed claim for occupational stress.
Case review 18-04-2019
The Court of Appeal has rejected the Royal Opera House’s attempt to overturn an award of damages to a musician who suffered acoustic shock from playing in its orchestra – a decision which could be cataclysmic to the entertainment industry, with concerts and music gigs being treated equivalent to a factory, with little justification for excessive noise due to artistic value.