Case Report: BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | November 2017 #160
Apportionment of liability; psychiatric injury; pre-existing illness ‘The tone of Underhill LJ’s judgment is that it will be difficult to convince a court that apportionment is not going to be possible.’ This case revisits the vexed question of divisibility of psychiatric (and other) injury. It is an employment case of wide importance and application. The …

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Causation: Reducing damages due to pre-existing conditions – a tenable argument?

7 Bedford Row | Personal Injury Law Journal | March 2015 #133
Julian Matthews discusses two recent cases which illustrate the potentially far reaching consequences of the rules of causation of damage ‘These cases clearly illustrate that the focus of attention in the assessment of damages in cases where there is a medical or other disability subsisting prior to the date of negligence must be upon the …

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