Civil Law Cast

39 Essex Chambers
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Civil Law Cast is a regular series on issues of interest and developments in civil law, brought to you by the members of 39 Essex Chambers.

Episodes

  1. Apr 15

    CILEX v Mazur

    In this episode (recorded on 14 April 2026) Katherine Apps KC, Alexis Hearnden and Daniel Laking discuss Mazur v Charles Russell Speechlys [2025] EWHC 2341 and most recently the Court of Appeal decision CILEX v Mazur [2026] EWCA Civ 369. They discuss its relevance for solicitors firms and the regulation of legal services, costs, practical points and unanswered questions.

  2. 03/23/2022

    Secondary Victim Claims

    This episode of Civil Law Cast takes a deep dive into the Court of Appeal judgments in Paul, Polmear and Pinnear and seeks to explain the history of secondary victim claims, the development of the doctrine and its application to clinical negligence cases.  Emily Formby QC and Scarlett Milligan guide you through the conjoined appeals, explain what has happened so far and predict what might happen next. Case Citations In the order that they appear in the podcast: Paul v Royal Wolverhampton NHS Trust [2022] EWCA Civ 12Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310Donoghue v Stevenson [1932] A.C. 562Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194McLoughlin v O’Brian [1983] 1 A.C. 410 Walters v North Glamorgan NHS Trust [2002] EWCA Civ 1792Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588Shorter v Surrey and Sussex Healthcare NHS Trust [2015] EWHC 614 (GB)

  3. 07/15/2021

    Fatal Accident Act Claims Part 3 – complicated financial dependency claims, wealth creators and section 4 disregard

    In the last of this trilogy of episodes, Emily Formby QC and Romilly Cummerson conclude their discussion about Fatal Accident Act claims by considering the more complicated financial dependency claims including where the deceased was a wealth creator and where the section 4 disregard applies.

  4. 07/01/2021

    Fatal Accident Act Part 2 – financial dependency claims; the basics

    In this episode Emily Formby QC and Romilly Cummerson continue their discussion about Fatal Accident Act claims by looking at financial dependency claims.  They look at who can make a claim, what a claim for financial dependency might encompass and at the simple forms of dependency calculations.  Since recording this episode, on 22 June 2021 the case of Chouza v Martin & Ord [2021] EWHC 1669 was handed down which looks at, among other things, a dependency calculation outside the Harris v Empress Motors fractions.

  5. 06/17/2021

    Fatal Accident Act Claims. Part 1 – care claims

    Emily Formby QC and Romilly Cummerson discuss damages in fatal accident claims over three episodes of Civil Law Cast.  This first episode focusses particularly on care claims.  There are two updates to make to this episode.  Firstly, the Fatal Accidents Act 1976 (Remedial) Order 2020 laid before Parliament on 8 May 2019 came into effect on 6 October 2020 expanding bereavement damages to include those who are cohabitees of 2 years plus – resolving the declaration of incompatibility arising from Smith v Lancashire Teaching Hospitals NHS Foundation Trust [2017] EWCA Civ 1916.   Secondly, Witham v Steve Hill Ltd [2020] EWHC 299 (QB) has been granted permission to appeal, the appeal is provisionally listed for 6/7 July 2021.

  6. 02/10/2021

    A Conspectus of Loss of Earnings Claims in Personal Injury and Clinical Negligence litigation

    In this episode, Ashley Pratt provides a conspectus of loss of earnings claims in personal injury and clinical negligence litigation. It covers past loss of earnings and future loss of earnings claims, which includes global awards, Blamire awards, and considers Smith v Manchester claims.

  7. 02/02/2021

    General damages: an overview

    In this episode, Caroline Allen provides a guide to claims for general damages, focussing on claims for pain, suffering and loss of amenity, and Smith v Manchester awards. It covers use of the Judicial College Guidelines and ‘Kemp & Kemp Quantum of Damages’, and advice as to the appropriate circumstances to seek compensation for loss of future earning capacity rather than loss of future earnings.

  8. 02/02/2021

    An introduction to care and assistance claims

    In this episode, Vaughan Jacob covers: What is the legal basis for care and assistance claims?What types of care regime are recoverable?How a care claim is calculated?What evidence is required?How may a care regime be challenged?

  9. 02/01/2021

    Accommodation Claims and the Recent Decision in Swift v Carpenter.

    In this episode, Daniel Laking provides an overview of the two main types of accommodation claim: claims for adaption of an existing property and claims for the purchase of a new property. It includes a simple explanation of the recent key decision on accommodation claims: Swift v Carpenter, as well as advice on how to use the new formula in your own cases whether you are claiming or defending. Please for a link to a written worked explanation and example of the formula using the figures from Mrs Swift's case.

  • 9 Episodes

About

Civil Law Cast is a regular series on issues of interest and developments in civil law, brought to you by the members of 39 Essex Chambers.

Information

  • Creator
    39 Essex Chambers
  • Years Active
    2021 - 2026
  • Episodes
    9
  • Rating
    Clean
  • Copyright
    © Copyright 2026 39 Essex Chambers
  • Show Website
    Civil Law Cast