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News
Deliberate concealment: Court of Appeal clarifies ss.32(1)(b) and 32(2), Limitation Act 1980
In Canada Square Operations Limited v Potter [2021] EWCA Civ 339, in relation to a claim for mis-sold payment protection insurance (‘PPI’), the Court of Appeal has provided clarity on the interpretation of s.32 of the Limitation Act 1980 (‘LA 1980’). Section 32 operates to disapply the primary limitation period where a fact relevant to […]
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Aidan O’Brien successfully defends a cauda equina syndrome claim, valued at £2.3 million: Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB)
Aidan successfully represented the Defendant Trust in this complex cauda equina syndrome claim. The Claimant’s case was rejected in respect of breach of duty and causation. Background: 1.On 17 February 2015, the Claimant suffered a right side and central L5-S1 disc prolapse at work. As a consequence, the Claimant developed cauda equina syndrome (‘CES’). The […]
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Justice for Harry Baker as Jury Convicts Seven Defendants of Homicide
Following a trial at Newport Crown Court, lasting almost 10 weeks, seven defendants were all convicted of homicide in a case prosecuted by Paul Lewis QC of Farrar’s Building. A jury unanimously convicted four defendants of murder and the remaining three of manslaughter. Sentences will be passed on 29th. March. The BBC reports on the […]
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World Rugby Announces the Head Contact Process (HCP)
In a move to underline the sport’s commitment to head injury prevention, a review group which included Farrar’s Building’s Christopher Quinlan QC, Independent Judicial Panel Chairman for World Rugby, has announced the HCP to protect players. HCP will come into force as a Law Application Guideline, for all levels of the game, to raise awareness […]
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Can an employee refuse to come to work for fear of contracting Coronavirus? Considerations of s. 44(1)(d) and s.100 Employment Rights Act 1996 by Tom Bourne-Arton
S.44(1)(d) ERA 1996 states: “(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that – … (d) in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could […]
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Putting the Cart Before the Horse? Assessing the Credibility of Complaints Before Complainants in Disciplinary Proceedings.
A recent appeal before the High Court once again emphasises the importance of disciplinary tribunals assessing the credibility of complaints rather than the credibility of the complainant. In Khan v General Medical Council [2021] EWHC 374 (Admin), Knowles J found a fact-finding analysis undertaken by the Medical Practitioners’ Tribunal (MPT) was fundamentally flawed in judging […]
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Assessing Witness Credibility: Professional Discipline and Beyond
For those that potentially missed it last summer (which, let’s face it, was easily done), the case of R (Dutta) v GMC [2020] EWHC 1974 (Admin) contains an extremely useful summary of the modern guidance and caselaw surrounding the issue of assessing a witness’ credibility and provides a stern reminder to all, not just to […]
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Small Claims and Whiplash Reforms Published
Two statutory instruments and the latest update to the CPR Practice Directions confirm that the small claims and whiplash reforms are proceeding in earnest, with measures expected to come into force on 31st May 2021. This will not be a detailed consideration of the new rules, or the new practice direction/protocol, but provides a summary […]
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