39 Essex Chambers
Civil Law Cast
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.
Author
39 Essex Chambers
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Podcast website
Latest episode
Apr 15, 2026
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Episodes
CILEX v Mazur 15.04.2026 24:56
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.
Secondary Victim Claims 23.03.2022 41:00
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 hap...
Fatal Accident Act Claims Part 3 – complicated financial dependency claims, wealth creators and section 4 disregard 15.07.2021 31:54
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.
Fatal Accident Act Part 2 – financial dependency claims; the basics 01.07.2021 40:46
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] E...
Fatal Accident Act Claims. Part 1 – care claims 17.06.2021 41:19
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 damage...
A Conspectus of Loss of Earnings Claims in Personal Injury and Clinical Negligence litigation 10.02.2021 12:27
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.
General damages: an overview 02.02.2021 13:25
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 earni...
An introduction to care and assistance claims 02.02.2021 13:45
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?
Accommodation Claims and the Recent Decision in Swift v Carpenter. 01.02.2021 12:51
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 defendin...
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