海角破解版

Welcome to our first Personal Injury law newsletter of 2022

It certainly has been a busy few months, and I am not talking about all the alleged partying at Downing Street but, I am referring to the numerous cases recently reported and relevant to the law of Personal Injury & Clinical Negligence.

This newsletter analyses some of those cases and also includes guidance on the New Highway Code Provisions. Luke Ashby writes about the importance of considering whether a witness may be vulnerable when giving evidence and what steps are required in relation to a vulnerable witness. Finally, we report some of the group鈥檚 successes over the past few months to provide an indication of the breath of the work undertaken by Members of the Group.

Antonia Jameson returns to Chambers after 12-year absence

海角破解版 Barristers are听delighted to announce the return of 听(1999 call) to Chambers. Antonia specialises in personal injury, clinical negligence and inquests. She will again practice from 海角破解版鈥檚 Bournemouth office, but her caseload is covering the whole of the UK.

Personal Injury barrister Ellena James (nee Pearson) joins 海角破解版

Our team welcomed 听(2015 call) in December. Ellena specialises in personal injury, inquests, clinical negligence claims and credit hire litigation, acting for both claimants and defendants.

Conor Mullan joins 海角破解版's Personal Injury and Clinical Negligence teams听

听(2003 call) joined 海角破解版 in November. He will continue to specialise in personal injury, clinical negligence and inquests. A former criminal law barrister, he joins from another London set where he also built up a strong regulatory practice in health and safety and coronial law. He has been a longstanding panel-approved counsel for the insurance sector, conducting serious injury cases on
behalf of all the major insurers and their preferred defendant law firms.

Fundamental Dishonesty in the context of mTBI

Michelle Marnham听analyses the case of听Palmer v Mantas and Liverpool Victoria Insurance Company Limited, [2022] EWHC 90 (QB)听in which High Court Judge Anthony Metzer QC rejected allegations of fundamental dishonesty, and reminded expert witnesses of their duties to the court and the need to adopt a balanced approach in their assessment of the claimant.

Changes to the Highway Code: changes to liability?

Following the update of the Highway Code on 29 January 2022, Tom Webb considers four of the most notable changes and their likely impact on liability decisions at trial.

Vulnerable persons: the Court鈥檚 changing approach

Luke Ashby considers the changes that Courts and Tribunals are making to ensure that vulnerable people benefit from effective access to justice. Luke examines why the changes are needed and what practitioners in personal injury claims can do to be ready for them.

Tylicki v Gibbons [2021] EWHC 3470 (QB) 鈥� not the thin end of the wedge听

Ellena James analyses听Tylicki v Gibbons [2021] EWHC 3470 (QB)听and provides a useful reminder of the听principles to be applied in sports negligence cases as set out in the leading authority of Caldwell v Maguire [2001] EWCA Civ 1054.

A Court of Appeal decision on the boundaries of recoverability for secondary victims in 鈥渄elayed trauma鈥� cases

Gemma Ralph analyses the Court of Appeal鈥檚 decision in the conjoined appeals of Paul v The Royal Wolverhampton NHS Trust, Polmear v Royal Cornwall Hospitals NHS Trust & Purchase v Ahmed [2022] EWCA Civ 12 that no claim can be brought in respect of psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or a first horrific event.

Vicarious liability 鈥� employer not liable for an injury caused by a practical joke in the workplace

Michelle Marnham analyses听Chell v Tarmac Cement and Lime Limited [2022] EWCA Civ 7, a case听in which the CoA confirms that there is no general duty on employers to take steps to prevent practical jokes, malicious actions or other dangerous activities among their staff, where the facts do not suggest that particular injury risks exist.

Bear Grylls Survival Race case and injuries in organised leisure and sporting activities

Makhsudul Islam听analyses the case of听Harrison v Intuitive Business Consultants Limited (T/a Bear Grylls Survival Race) & Others [2021] EWHC 2396 (QB). The case concerned liability in respect of injuries arising from participation in the 鈥樷�楤ear Grylls Survival Race鈥欌��.

Inquests and welfare benefits: the implications of Dove v HM Assistant Coroner听

Susan Jones听reviews the recent decision in the case of听Dove v HM Assistant Coroner for Teesside and Hartlepool听[2021] EWHC 2511 (Admin). The case raises important issues concerning the UK鈥檚 substantive obligations under Article 2 of the European Convention on Human Rights (ECHR) in the context of welfare benefits.

Michelle Marnham represents claimant in necropilia case

听was recently instructed to represent Mrs Akande in respect of her claim against David Fuller & Tunbridge Wells NHS Trust for the sexual assault carried out by Mr Fuller on Mrs Akande鈥檚 daughters after they had tragically been killed in a road traffic accident.

Who should be responsible for accidents involving 鈥榮elf-driving cars鈥�?

On 26听January 2021 the Law Commission of England and Wales and the Scottish Law Commission published a joint report recommending new laws to be implemented in respect of the regulations of Automated Vehicles. Noting that automated vehicles do not readily fit within current legal frameworks, the report distinguishes between 鈥榮elf-driving鈥� vehicles and technologies that assist the driver but which still require the driver鈥檚 attention, and recommends that the Company behind the driving system would be responsible, rather than the driver, for any accidents.

Luke Ashby wins six figure settlements in two personal injury cases

has recently been instrumental in the settlement of two different life changing injury cases. Each followed high speed road traffic accidents which caused significant fractures and prolonged surgery. 听Both claims settled for six figure sums of note.

Hamish Dunlop in 拢3.3M JSM settlement

recently represented a Claimant who recovered 拢3.3M at JSM. Hamish鈥檚 client was a sub-contractor who was working on a building site and specifically tasked with dismantling an external lift shaft. He fell from height; some of the left equipment landed on top of him and he was rendered paraplegic. Liability was denied by the Defendants and settlement reached on a without prejudice basis.

Panorama reports on the recent increase in UK road accident deaths

The BBC's Panorama programme investigates the recent increase in road accident deaths in the UK and the likely causes of this.

Michelle Marnham secures a 拢2.2M settlement at JSM

recently represented a Claimant at a JSM, who had suffered a significant spinal cord injury and was unable to return to his pre-accident employment. Michelle听secured a 拢2.2M settlement (gross settlement before deduction for contributory negligence).

Sunyana Sharma appointed an Assistant Coroner for Hampshire

海角破解版 Barristers offers warmest congratulations听to our colleague who has been appointed an Assistant Coroner for Hampshire. Sunyana鈥檚 appointment is further recognition of her expertise in inquests and coronial law.

Golf day raises 拢14,000 for the Spinal Injuries Association

海角破解版鈥檚 specialist听听recently partnered with听,听听and听听to organise a golf day to raise much needed 拢14,000 for the听.

Parliament debates plans to introduce a policy to deal with the dangers and benefits of e-scooters

Parliament debated on Tuesday 8 February a question asked by听Baroness Neville-Rolfe in relation to听HMG's plans to introduce a comprehensive policy to deal with the dangers and benefits of e-scooters.

海角破解版 Barrister wrote on the topic of听听earlier last year.

海角破解版 congratulates Ellena James on her recent wedding听

(nee Pearson) got married on 29 January 2022 at Ringwood Parish Church followed by a reception at Burley Manor. 听A wonderful winter wedding and the sun even made an appearance!

Our congratulations to the happy couple!

London chambers to take part in June Legal Walk - Sponsor us if you can!!

Led by , 海角破解版 members and staff will take part in the 18th London Legal Walk on 28 June 2022, in support of , an independent charity that raises funds for free legal advice services in London and the South East through the provision of grant funding, supporting infrastructure, and helping agencies reduce costs and save money via pro bono or discounted schemes.

Meet the team

海角破解版 covers the full range of Personal Injury claims including public liability, industrial disease, employers鈥� liability, armed forces, occupiers鈥� liability, transport, travel and RTA claims.听We act both for employers and employees in relation to industrial accidents, industrial disease (including asbestos related and other respiratory diseases, carcinogens, noise induced hearing loss and work related upper limb disorders) assaults at work and claims involving psychological injury through harassment, bullying and stress at work.

海角破解版鈥檚 clinical negligence team offers specialist expertise across the full spectrum of clinical negligence claims and related areas, including litigation against surgeons and hospital physicians, general practitioners, dental surgeons, nurses and midwives, other healthcare specialists and in claims involving related issues of defective implants, and other medical devices and blood and organ products.