Case Report: Wright v Barts Health NHS Trust [2016] EWHC 1834

Negligence; contribution to loss; multiple injuries ‘The compromise agreement did not include any reservation of the right of Mr Wright to proceed against the hospital, nor any agreement by Mr Wright to indemnify CCR against any liability it may have to the hospital in any contribution proceedings.’ Assume an accident involving a neck injury to …
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Limitation Act 1980: Delays in asbestos claims

Laura Elfield examines the decisions in cases outside the primary limitation period ‘Limitation will only commence once a cause of action has accrued – namely breach of duty and damage that is more than trivial. The date of exposure, on its own, is therefore not the important date for the purposes of limitation but rather …
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Fatal Accident Claims: The past is a foreign country

David Regan considers the basis of awards and common pitfalls ‘The Fatal Accidents Act 1976 serves a very important purpose: to protect the rights of dependants who are the secondary victims of torts that have resulted in death.’ The opening line of LP Hartley’s The Go-Between (1953), ‘The past is a foreign country, they do …
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