Clarity for illegality as stare decisis lives to fight another day: Henderson v Dorset Healthcare NHS Trust [2018] EWCA Civ 1841

This blog is written by Helen Waller, a pupil barrister at 12 King's Bench Walk. In Henderson v Dorset Healthcare NHS Trust [2018] EWCA Civ 1841 the Court of Appeal reviewed the jurisprudence on the defence of illegality in tort, having been invited to reconsider the present position in light of arguments based on the … Continue reading Clarity for illegality as stare decisis lives to fight another day: Henderson v Dorset Healthcare NHS Trust [2018] EWCA Civ 1841 →

The Bolitho Burden: Williams v CWM Taf Local Health Board

In this post Thea Wilson of 12 KBW considers the recent case of Williams v CWM Taf Local Health Board, in which the Court of Appeal gave further guidance regarding the heavy burden on claimants of satisfying the Bolitho test. The Facts The Appellant (Claimant at first instance) had a number of health problems including … Continue reading The Bolitho Burden: Williams v CWM Taf Local Health Board →