Category Archives: Personal Injuries
‘No assumption of responsibility after release from police custody: Dobson v Leicestershire Police’
In the tragic case of Dobson v Chief Constable of Leicestershire Police [2025] EWHC 272 (KB), HHJ Bird examined whether the police had assumed responsibility for the wellbeing of a person released from custody. The court held that there was no assumption of responsibility, and the claim failed. Alexander Cornelius, pupil barrister at 12KBW, analyses […]
‘Recreation and Risk: The Book, The Website, The Links to Liability Waivers’
From time to time, liability waivers and exculpatory agreements have been a topic for the Blog. There was plenty of interest in the subject in connection with the OceanGate disaster in 2023. We also weighed in on the subject in connection with McKamey Manor. Last year, William Gordon Childs published Recreation and Risk, which provides […]
Matthew Leitch, ‘Accidents, Crises, and Events in the Supreme Court: Paul v Royal Wolverhampton NHS Trust’
ABSTRACT In Paul v Royal Wolverhampton NHS Trust, the Supreme Court held that a secondary victim cannot recover damages for psychiatric harm caused by witnessing a primary victim’s medical crisis. This note examines the ratio of the majority’s judgment, that the secondary victim must witness an accident (or its immediate aftermath) to successfully recover damages. […]
‘How Tort Law Thwarts the Fight Against Biased Healthcare’
Maytal Gilboa, ‘Biased but Reasonable: Bias Under the Cover of Standard of Care’, 75 Georgia Law Review 489 (2023). Healthcare settings have long been sites where minoritized patients have needed to fight to receive adequate quality of care. The recent debates about physicians not wearing masks in hospitals and clinics to protect immunocompromised and vulnerable […]
Duncan Wallace, ‘The Reality of Shareholder Ownership: For-profit Corporations as Slaves’
ABSTRACT What is the relationship between shareholders and the corporation? The present scholarly consensus is that, whatever the relationship is, it is not one of owner and owned. This article contests that consensus. It argues that corporations are owned by their shareholders and, further, that corporations so-owned are slaves. In support of this contention, the […]
Joseph Lee, ‘Religious Institutions and Personal Injury Compensation Claims for Abuse: The Noteworthy Significance of Insurance’
ABSTRACT Many churches, religious schools, and care institutions have apologised for historical child sexual abuse and committed themselves to reparation and safeguarding. However, recent changes to legislation have resulted in a deluge of tort law claims, civil litigation, and work for lawyers. Religious leaders and devotees today bear the financial burdens of compensating for historical […]
Anthony Sangiuliano, ‘Paediatricians’ Liability to Patients’ Parents for Negligent Genetic Testing’
ABSTRACT The Ontario Superior Court of Justice has recently held that a paediatrician might owe a duty of care to a patient’s parents when performing genetic testing on the patient and communicating test results to the parents. The parents may be able to claim damages against the paediatrician for breach of this duty if, in […]
Megalla and others, ‘A Comprehensive Analysis of Malpractice Claims Following Management of Hip Fractures’
ABSTRACT Background: Hip fractures are highly prevalent and associated with significant morbidity and mortality. As a result, orthopedic surgeons treating these patients may find themselves subject to malpractice claims. Therefore, this study aimed to provide a comprehensive analysis of malpractice claims related to hip fractures. Materials and Methods: The Westlaw legal database was queried for […]
Citera and Steiner, ‘Prescription for Failure: Public Nuisance Claims Against the Opioid Industry’
ABSTRACT Opioids have been used both medicinally and recreationally since ancient times. While their recreational functions have long since been denounced, their medicinal value remains legitimate. Yet, since the pain management revolution began in the mid-1990s, many Americans have become opioid-dependent – fueling an illicit drug market and costing many lives. The tragedy that is […]
Silvie Rohr, ‘Corporate Purpose: A Management Concept and the Role of Contract Design’
ABSTRACT In light of systemic crises such as global warming and human rights violations in business operations, the call for reevaluating corporate conduct has become more pressing than ever. As these challenges intensify, a growing consensus advocates for a shift away from shareholder profit maximization towards a more holistic stakeholder governance model. Yet, the question […]