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Case Note: Liability Decision in O’Connell v Ministry of Defence [2025] EWHC 2301
Theodore Bunce writes about the decision in O’Connell v Ministry of Defence [2025]. The Claimant, a gunner in the Royal Horse Artillery, suffered a serious shoulder injury during a riding lesson at the King’s Troop when the horse she was riding bucked and unseated her….
Advocate Immunity Reaffirmed by the Court of Appeal
Theodore Bunce writes about the decision in Chief Constable of Sussex Police and another v XGY [2025] EWCA Civ 1230, in which the Court of Appeal has restated in fairly emphatic fashion the scope of advocate immunity, overturning a High Court ruling that had sought…
Case note: liability decision in Brown v Morgan Sindall Construction and Infrastructure Ltd [2025] EWHC 2204 (KB)
Findings of Fact The Claimant was injured while cycling along a temporary two-way cycle lane adjacent to the Defendant’s construction site, when his bicycle struck the unmarked base of a Kingpin cycle bollard from which the vertical wand had been removed, leaving a raised dark…
Consultation Paper Seeks Reform of Limitation Law in Child Sexual Abuse Cases
The Ministry of Justice has released a consultation paper seeking views on potential reforms to the law of limitation in child sexual abuse cases in England and Wales. Under the current law, child sexual abuse cases in civil courts are subject to the same three-year…
Pre-Action Disclosure of Medical Records in Portal Cases
Even in cases where breach of duty and some degree of loss or injury is admitted, Defendants will commonly have doubts about medical causation regarding a claim intimated under the Pre-Action Protocol for Low Value Personal Injury in Road Traffic Accidents from 31 July 2013…
Fixed Costs Update: Bar Council and PIBA secure ‘overdue’ changes
In welcome news for practitioners, changes have this week been announced to address what PIBA describes as ‘long-standing flaws in the fixed recoverable costs (FRC) regime for advocates’. These include: In summary: On the fast track, advocacy fees will be recoverable at 100% on the…
Theodore Bunce Succeeds in Application for ‘Exceptional’ Non-Party Costs Order
Theo obtained a rare non-party costs order on behalf of his client, the Applicant in private law children proceedings. The case involved serious allegations of domestic violence and sexual abuse. Having represented the Applicant and reached a compromise at fact-finding, the Respondent went on to…
A Bad Rule, Misunderstood: 8BPD9.1 and Applications to Dismiss
Over the past months, a number of Claimant solicitors have approached the author seeking representation at hearings to oppose dismissal of Part 8 (RTA and EL/PL Protocol “Stage 3”) Proceedings.
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