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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

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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