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04 March 2016 / Charles Foster
Issue: 7689 / Categories: Features , Personal injury
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A material contribution to forensic clarity

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Charles Foster examines material contribution in clinical negligence & personal injury litigation

The law is dangerously Balkanised. Even very close neighbours don’t talk to each other, or talk in languages with impenetrably different dialects. Take personal injury and clinical negligence practitioners, for instance. Many of them grew up together. They learnt the same vocabulary. But then they specialised, and started to forget their roots. To clinical negligence lawyers notions like “material contribution” (prosaic and workaday for personal injury lawyers doing industrial disease work) seem exotic and esoteric—playing, in operating theatres, to rules different from those that apply in factories. Much of the apparent complexity of the law is sociological, not jurisprudential.

Forgetful

Lawyers are also very forgetful. Someone will disinter and re-examine an old principle, shout “Eureka”, and the re-examined principle will have a new life in the law reports for a while, as if it is fresh sprung from the creative brain of a Coke or a Blackstone. Take Bolitho v City and Hackney Health Authority [1998] AC 232, [1997] 4 All

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

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Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

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Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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