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News
Strike out application for abuse of process following Cable v LVI.
Tom Bourne-Arton was recently instructed by the first of three Defendants in an Employers’ Liability personal injury claim at the hearing of the Defendants’ respective applications to strike out the claim as an abuse of process. Although not known, this may well be the first successful application to strike out a claim as an abuse […]
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Business Interruption Insurance: The Supreme Court Considers the Decision in Financial Conduct Authority v Arch Insurance (UK) Ltd and others
The appeal against the High Court decision in Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) was heard by the Supreme Court last week from 16th November 2020 before Lords Reed, Hodge, Briggs, Hamblen and Leggat, and lasted four days. Background On 15th September 2020, judgment in the landmark […]
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Civil Standard of Proof Applies to Inquest Conclusions of Suicide and Unlawful Killing, Supreme Court Rules.
The Supreme Court last week handed down its much-awaited judgment in R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46. By a 3-2 majority, the Court held that in inquests the civil standard of proof applies to all short-form and narrative conclusions of suicide. The civil standard should […]
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Gray v Thames Trains survives Patel v Mirza
Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 In Gray v Thames Trains Ltd [2009] UKHL 33, the House of Lords considered the case of a claimant who had killed a man whilst suffering from PTSD. It was held that he could not recover damages against the person who had caused the […]
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Farrar’s Building ranked as a leading set of chambers in this years legal directories
We are delighted to have been ranked in the latest editions of Chambers & Partners UK and Legal 500. In Chambers & Partners UK 2021, we are again ranked as a leading set in both Personal Injury and Crime with individual barristers also receiving rankings in Clinical Negligence, Professional Discipline and Motor Insurance Fraud. They […]
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SWIFT V CARPENTER
On 9 October 2020, the Court of Appeal ruled in Swift v Carpenter. Their decision changes the law for people requiring special accommodation following an injury. After nearly 50 years of uncertain damages in cases of this nature, Claimants will now receive fair and reasonable compensation to purchase special accommodation. Darryl Allen QC of Farrar’s Building […]
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Pension Loss Update, by Hannah Saxena
It has been a busy few months for pension loss. After decades without any new guidance on pension loss claims two helpful guides have come out this summer: the explanatory notes in the 8th edition of the Ogden Tables now include a whole section on Quantification of Pension Loss and A PIBA Guide to Pension […]
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Long Awaited, Landmark Judgment – Swift v Carpenter
The Court of Appeal have today ruled in Swift v Carpenter. Their decision changes the law for people requiring special accommodation following an injury. After nearly 50 years of uncertain damages in cases of this nature, Claimants will now receive fair and reasonable compensation to purchase special accommodation. Darryl Allen QC and Richard Whitehall (Deans […]
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