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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 children diagnosed with autistic spectrum disorders, and their

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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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