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

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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Fatal Accident Claims: Multiple negligent acts

Anna Macey explores the potentially wide ranging effects of the recent Court of Appeal decision in Haxton v Philips Electronics Ltd ‘Elias LJ held there was nothing in the Fatal Accidents Act or subsequent case law which suggested any reason to distinguish this particular chose in action from any other.’ In this unusual case the …
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Evaluating Claims: Successive causes of injury: the causation conundrum

Julian Matthews assesses the difficult legal issues that arise when multiple causes give rise to a compound injury ‘In clinical negligence cases, the complexity of the factual matrix means that the fine line between recovery and no recovery is regularly tested.’ Most clinical negligence litigation arises out of adverse outcomes secondary to medical intervention required …
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