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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 ER 771. The word “responsible” had always been a key

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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