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Mesothelioma and asbestos induced lung cancer claims – when time is short

One of the few improvements to the litigation process for claimants (and arguably for defendants as well) is the development over the last few years of what was originally known as “the specialist mesothelioma list” at the Royal Courts of Justice in…

The Weekly Roundup: a Bad Case of Deja Vu

Regular readers will know that we at 1CL are not ones to criticise, but even our legendary patience is being tested to breaking point by the various rule changes on quarantine. Not only are holidaymakers left scrambling to get back from popular…

The Weekly Roundup: the Captain Sensible Edition

As well as bringing the annual 1CL Uncorking of the Sun Screen ceremony, this week has seen a number of notable case management decisions, and another determination by the Court of Justice of the European Union on Regulation (EC) No.261/2004 (‘the Denied…

Whittington Hospital NHS Trust v XX [2020] UKSC 14

On 1 April 2020 the Supreme Court handed down judgment in the case of Whittington Hospital NHS Trust (Appellant) v XX (Respondent) [2020] UKSC 14 (‘Whittington’). Edward Faulks QC appeared for the Appellant Hospital and was instructed by Bevan Brittan LLP. The…

The Weekly Roundup: the Cruel Summer Edition

It sometimes seems that we at 1CL do nothing but show off about our successes; but that’s because there’s so much to show off about. We hope readers will indulge us with one little crow over our latest Legal 500 rankings; we…

Package Holiday refunds – Whatever would have been, would have been

As we hit the two-year anniversary of the start of the COVID-19 pandemic in Europe, more and more cases are beginning to drift through the court system with facts arising from the devastating impact on global travel caused by the novel coronavirus….

The Defence of Illegality in a clinical negligence context: consideration of Ecila Henderson (A Protected Party, by her litigation friend, the Official Solicitor) (Appellant) v Dorset Healthcare University NHS Foundation Trust (Respondent) [2020] UKSC 43

Where a Claimant, during a serious psychotic episode, committed a criminal offence, which she would not have committed but for the Defendant’s negligence, can she recover damages for the consequences of having committed the offence, including her subsequent loss of liberty?…

Covid-19 Claims and Personal Protective Equipment

Introduction Litigation is disaster’s camp follower. There is no reason to think that this pandemic will be any different. The NHS has been severely strained, but has thus far avoided being overwhelmed by a tidal wave of patients, as it was once…

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