Blogs

The Court of Appeal has refused the Claimant permission to appeal the decision of Martin Spencer J in Holmes v S&B Concrete Ltd [2020] EWHC 2277 (QB). Philip Godfrey analysed that decision in an earlier blog post, which can be viewed here.  Permission to appeal was refused on the papers on 17 November 2020 by Floyd…

Adverse inferences are means by which at least an evidential burden can be placed on the Defendant’s side of the litigation fence. They can be drawn where there is a failure to call witnesses that are available or to adduce documents that should be available. In the personal injury arena, there have been efforts to…

In Hinson v Hare Realizations Ltd [2020] EWHC 2386 (QB), the High Court reaffirmed the factors relevant to an application to abandon a single joint expert report and rely on one’s own expert evidence. To read the judgment, please click here. Background The Claimant claimed that in the 1970s and 1980s, while working in a…

The Court of Appeal recently handed down a decision of particular interest in noise-induced hearing loss (“NIHL”) claims. Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227 deals with the thorny issue of restoration of a company to the register. Whilst this is not an issue specific to NIHL claims only, it is of particular relevance to…

Patrick Limb QC & Gareth McAloon have suceeded in the Court of Appeal for the Appellant in Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110. The Court of Appeal has this morning handed down judgment in this significant decision on a noise-induced hearing loss (“NIHL”) claim in which they have overturned the decision of Garnham J…