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28 January 2022 / Vijay Ganapathy , Walker Syachalinga
Issue: 7964 / Categories: Features , Personal injury
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Personal injury in the spotlight

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Vijay Ganapathy & Walker Syachalinga examine some key issues raised in the latest rulings on personal injury
  • The Fatal Accidents Act 1976: calculating dependency claims.
  • Duty of care in competitive sports.
  • Application for interim payments in a case involving multiple defendants.

The last few months have seen the courts ruling on a variety of issues which will provide useful guidance for future cases.

Steve Hill Ltd v Witham (as widow and executrix of the estate of Neil Witham (deceased)) [2021] EWCA Civ 1312, [2021] All ER (D) 21 (Sep) is one of two significant recent Court of Appeal rulings (the other being Paramount Shopfitting Company Ltd v Rix (widow and executrix of the estate of Rix (deceased)) [2021] EWCA Civ 1172, [2021] All ER (D) 07 (Aug)) which have provided some much needed clarity for dependency claims.

Mrs Witham (‘W’) sued the defendant (‘S’) after her husband’s sad death following his diagnosis of mesothelioma caused by asbestos exposure. W and her husband had looked after two foster

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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