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26 May 2020
Issue: 7888 / Categories: Legal News , Covid-19 , Personal injury
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This week's NLJ: Legal remedies for pandemic victims

There will be many ‘forgotten victims’ of the COVID-19 pandemic in need of compensation, Doughty Street Chambers’ barristers have said
Writing in NLJ this week, Doughty Street’s Theo Huckle QC, Nick Brown and Frederick Powell say they feel ‘a natural reticence about discussing legal remedies for those worst affected or at least those whose legal rights have been undermined or infringed during this crisis. ‘There will be many “victims” of the disease for whom there is no remedy at all.’ 

They discuss the legalities and potential claims for frontline workers not only in clinical and care settings but in places where people have been permitted, even encouraged, to congregate in numbers, such as on public transport and in food shops. The provision of personal protective equipment (PPE) and testing may be concerns. The primary issue there may be employer’s liability.

Where PPE was not available, an alternative was not to employ the worker in risky tasks. However, ‘complicated and overlapping issues’ are involved, the barristers note. For example, nurses appear to have been put under ‘enormous pressure’ to work and may have feared the consequences for patients’ as well as potential legal repercussions for themselves.

The Doughty Street barristers discuss the ‘legally complex background’ that judges will have to consider when hearing any future claim on PPE. These include the difficulty of proving causation as well as ascertaining what was ‘reasonable’ in the context of a general lack of resources. Where public authorities are involved, Human Rights Act remedies may apply.

Huckle, Brown and Powell briefly discuss the Snatch Land Rover Case, where the families of three servicemen killed by a roadside bomb successfully sued the Ministry of Defence for failing to protect them. Could medical staff argue along similar lines? The barristers say: ‘We consider that there is an arguable case that the Department of Health is in breach of Art 2 for failing to take reasonable steps to protect the doctors, nurses and other healthcare staff in the front line in the battle against COVID-19 in failing to procure and deploy appropriate PPE to protect them.’ 

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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