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England and Wales Case Law

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Clinical negligence

JBX v Frimley Health NHS Foundation Trust

Quantum judgment in admitted clinical negligence claim: the court held a neuro-rehabilitation unit was the reasonable future care option and assessed the lost years claim using ASHE averages, a 50% living-expenses deduction and retirement at 70.

  • Future care and accommodation
  • Lost years
  • Loss of earnings
  • Anonymity
  • Disclosure and privilege
  • Hydrotherapy
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Civil procedure

Kerry Middleton v Carnival PLC t/a P&O Cruises

The Defendant did not act in a manner consistent with ambush; disclosure of surveillance evidence was reasonable given procedural chronology and cooperation. The Claimant had a fair opportunity to address the evidence. The time and circumstances of disclosure do not warrant exclusion under case management powers. Surveillance evidence is admitted.

  • Admissibility of evidence
  • Surveillance evidence
  • Case management
  • Ambush
  • Quantum of damages
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Personal injury

HDL v Waseem Butt & Anor

Given the genuine and substantive dispute on causation raised by the defendants, and the risk of overpayment if the defendants' position is accepted at trial, the claimant has not met the conditions for a further interim payment. The application is dismissed.

  • Interim payments
  • Causation
  • Damages assessment
  • Expert evidence
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Tort law

Adam Lillystone v Bradgate Education Partnership

The Respondent owed no duty to the Appellant under the Occupiers Liability Act 1957 because the risks of climbing the gate were obvious and willingly accepted, and the danger was not due to the state of the premises but the act of climbing. Alternatively, the Appellant was a trespasser when climbing the gate and no duty was owed under the 1984 Act as the Respondent had no knowledge of the burr and could not reasonably be expected to protect against the risk. Even if a duty was owed, the Respondent had adequate measures for ball retrieval. The cause of injury was the Appellant's own choice to…

  • Occupiers liability act 1957
  • Occupiers liability act 1984
  • Negligence
  • Duty of care
  • Risk assessment
  • Trespass
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Civil procedure

Mehul Choksi v The Government of India & Ors

Security for costs was ordered because the claimant is resident abroad, there is a real risk of non-enforcement of costs orders, the merits do not demonstrate a high probability of success, and there is insufficient evidence that the claim would be stifled by the order.

  • Security for costs
  • State immunity
  • Jurisdiction
  • Forum non conveniens
  • False imprisonment
  • Conspiracy
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Private international law

James Fox v Steve Fellows Road Haulage Services Limited & Ors

The High Court refused to set aside service on Spanish defendants after a Spain accident, and allowed the first defendant’s Part 20 contribution claim to be served out.

  • Jurisdiction
  • Forum non conveniens
  • Service out of jurisdiction
  • Contribution claims
  • Applicable law
  • Employer's liability
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Tort [2026] EWHC 1025 (KB)

Devall & Ors v English Electric Company Ltd

Devall & Ors v English Electric Company Ltd [2026] EWHC 1025 (KB) (01 May 2026)

High Court asbestos claim dismissed: the claimants failed to prove that Mr Devall was exposed to asbestos at Sizewell A during his 1965 placement.

  • Asbestos exposure
  • Mesothelioma
  • Employer's liability
  • Breach of duty
  • Causation
  • Historic exposure
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Civil procedure

RFV v The Personal Representatives of John Middleham (Deceased) & Ors

High Court judgment on applications for non-party disclosure in a personal injury claim, balancing relevance to causation against confidentiality and Article 8 rights.

  • Non-party disclosure
  • Article 8 echr (right to private and family life)
  • Medical records confidentiality
  • Causation in personal injury
  • Anonymity orders
  • Non-party-disclosure
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Civil procedure [2026] EWHC 916 (KB)

RFV v Middleham & Anor

RFV v Middleham & Anor [2026] EWHC 916 (KB) (28 April 2026)

The High Court ruled on non-party disclosure in a personal injury claim, granting some applications with redactions and refusing disclosure of safeguarding records relating to a third party.

  • Non-party disclosure
  • Article 8 echr
  • Clinician-patient confidentiality
  • Safeguarding
  • Immigration status relevance
  • Expert evidence disclosure
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.