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Harvey v Heaver: At Long Last

Housing law practitioners will welcome a significant new High Court decision that provides the first detailed judicial guidance on section 9A of the Landlord and Tenant Act 1985 and the concept of “fitness for human habitation”.

In this insightful article, Ethan Riley examines the implications of Harvey v Heaver, a case that is likely to shape the future of housing conditions litigation. The judgment offers much-needed clarity on when a property can be considered unfit for human habitation, the role of damp and mould claims, and the growing importance of HHSRS hazards in assessing landlords’ obligations.

The article highlights:

  • The High Court’s first comprehensive analysis of section 9A and the Homes (Fitness for Human Habitation) Act 2018.
  • The key legal tests that courts will apply when determining whether a property is fit to live in.
  • Why risk to health and safety is not the only factor; comfort and convenience can also be decisive.
  • The significance of prescribed hazards and local authority assessments in future claims.
  • Important practical lessons for housing litigators arising from the defendant’s unsuccessful attempt to amend their case at trial.

Ethan provides a clear and practical analysis of this important decision, the article is essential reading for solicitors, barristers, housing professionals, landlords and tenant representatives alike.

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£4 Million Settlement in Complex Injury Case

Luke Menary has successfully secured a settlement equivalent to £4 million for a claimant who suffered life-changing injuries following a serious road traffic accident. The claimant sustained an above-knee amputation and a significant, persistent abdominal hernia, likely inoperable, which will require lifelong management. This outcome provides crucial financial support to ensure the claimant’s future care and rehabilitation needs are met.

The case involved highly complex legal arguments surrounding contributory negligence, including issues relating to alcohol consumption and seatbelt use, as well as detailed disputes over quantum. Matters were further complicated by the claimant’s personal history, which included youth and adult prison sentences, psychological disorders, physical ill-health, and the defendant’s contention that he was institutionalised. Luke’s expertise and strategic advocacy were pivotal in overcoming these challenges and achieving a fair and substantial settlement.

This settlement will enable the claimant to access advanced prosthetics, professional care and services, specially adapted accommodation, a dedicated case manager, ongoing treatments and therapies, adapted transport, and appropriate aids and equipment. It also includes enhanced provision for holidays to cater for additional needs, significantly improving the claimant’s quality of life and independence.

This result underscores the critical need for compensation packages that reflect the unique challenges and aspirations of each claimant, ensuring their long-term wellbeing and independence. Luke’s handling of this matter demonstrates the exceptional capability within Liverpool Civil Law to navigate complex, high-value personal injury cases with precision and care.

£11+ million Compensation

Niazi Fetto KC Secures £11+ million Compensation

A man whose life and career were irreparably damaged by a severe brain injury sustained in a road traffic collision has secured a deserved compensation settlement valued at over £11 million. The injury occurred in 2020 when he was struck by a negligent driver, leaving him with catastrophic injuries that transformed his life overnight.

The High Court approved the settlement package, which was agreed with the driver’s insurers. The comprehensive award includes a Periodical Payments Order, linked to national average earnings data, to ensure that, as carer wages rise, the victim will receive the financial support necessary to meet his lifelong care and rehabilitation needs.

He was represented by Niazi Fetto KC of Liverpool Civil Law.

From Independence to 24-Hour Care

Prior to the accident, the victim led a fully independent and active lifestyle.  As a result of the collision, he suffered a severe brain injury that resulted in profound physical and cognitive impairments. He now requires full-time, 24-hour care, specialist therapies, and adapted accommodation to maintain quality of life.

What the Settlement Covers

The value of the settlement reflects the complexity of his ongoing needs, including:

  • Specialist care and nursing support
  • Therapy and rehabilitation programs
  • Assistive technology and adapted housing

It was vital that the victim secured the Periodical Payments Order, without which there would have been a risk of inadequate funding and collapse of his support network later in life.

A stark reminder

The case serves as a stark reminder of the devastating consequences of road traffic collisions. The victim was a gainfully employed family man who played a full and active part in community life. No compensation package can restore all that he has lost.

About Liverpool Civil Law

Liverpool Civil Law is a leading barristers’ chambers specialising in civil law. Our team is committed to delivering justice and ensuring that victims of serious injury receive the compensation and support they deserve.

Claimant Defeats Fundamental Dishonesty Allegations

William Thorpe achieved a successful outcome in a complex two-day multi-track trial on behalf of his client against a police authority arising from a road traffic accident. The claimant, a young motorcyclist, sustained a serious ankle fracture when his moped was involved in a collision with a police vehicle.

The defendant police force maintained a complete denial of liability throughout the proceedings, contending that the claimant bore sole responsibility for the incident. The case was further complicated by the defendant’s formal allegations of fundamental dishonesty, which were vigorously defended and subsequently dismissed by the presiding judge.

A pivotal moment in the trial occurred during Mr. Thorpe’s cross-examination of multiple serving police officers, whose testimony was ultimately found to be unreliable by the court. Following careful consideration of all evidence presented, the judge delivered judgment in favour of the claimant and awarded substantial damages.

This successful resolution demonstrates the critical importance of thorough case preparation, skilled advocacy, and rigorous examination of witness evidence, particularly when challenging the testimony of institutional defendants. The outcome underscores the court’s commitment to impartial evaluation of evidence, regardless of the status of the parties involved.

£400,000 Settlement Secured

£400,000 Settlement Secured for Injured Roofer Following Joint Settlement Meeting

William Thorpe has successfully negotiated a £400,000 settlement at a Joint Settlement Meeting for a young roofer who sustained a serious ankle fracture in a workplace accident. The injury required early fusion surgery, resulting in permanent limitations and the claimant’s inability to return to his trade.

The case presented complex issues surrounding future care and support needs, as well as the claimant’s residual earning capacity. With roofing no longer a viable career option, careful consideration was given to alternative employment prospects and the long-term impact of the injury on the claimant’s financial independence.

In addition to the physical consequences, the settlement reflects the broader implications of the injury on the claimant’s lifestyle and future wellbeing. The award will help meet the costs of necessary services and support, ensuring the claimant can maintain a good quality of life despite the challenges ahead.

This outcome highlights the importance of thorough preparation and strategic negotiation in cases involving serious orthopaedic injury and loss of livelihood.

£2.7 Million Settlement

David Pilling Negotiates £2.7 Million Settlement in Isle of Man Clinical Negligence Case

David Pilling travelled to the Isle of Man to represent the Isle of Man Government in a mediation concerning a long-running clinical negligence claim. The case involved a then 15-year-old claimant who had suffered severe neurological and vascular injuries due to the admitted failure of medical professionals to diagnose and treat sepsis in a timely manner. The consequences of the negligence were life-altering, with claims encompassing the cost of accommodation, long-term care, and lifelong loss of earnings.

The mediation marked a significant moment in the case, which had been ongoing for several years. The claimant’s Schedule of Loss totalled approximately £4.8 million, reflecting the extensive impact of the injuries on their future wellbeing and financial independence. Interim payments of £77,800 had previously been made to support the claimant’s immediate needs while negotiations continued.

Following detailed discussions, the mediation was successfully concluded with a lump sum net settlement of £2.7 million. This resolution brings closure to a complex case and ensures that the claimant will have access to the resources necessary for long-term support and rehabilitation.

The outcome highlights the importance of mediation in resolving high-value clinical negligence disputes, particularly where liability is admitted but the scope of damages remains contested.

Housing Disrepair Pre-Allocation Costs Case

Ethan Riley Attends Court Hearing in Important Housing Disrepair Pre-Allocation Costs Case

Ethan Riley was briefed to attend the Leeds County Court on 17th June 2025 for the hearing of Carter v Leeds City Council, presided over by District Judge Hill. The case, brought under the Small Claims Track, concerned housing disrepair issues. While the parties had already reached an agreement regarding damages and the completion of outstanding repair work, the sole remaining matter before the court was the issue of legal costs incurred prior to the claim’s allocation.

The claimant sought an order for costs incurred before the case was formally allocated to the Small Claims Track, arguing that these should be treated as if the claim had proceeded on the Fast Track. The repairs, amounting to approximately £1,228, were completed on 19 December 2024—just three days before the claim was served. The defendant, Leeds City Council, contended that the deletion of Civil Procedure Rule (CPR) 46.11 removed the court’s jurisdiction to award such costs, referencing commentary from Cook on Costs to support their position.

However, Judge Hill ruled in favour of the claimant, citing the precedent set in Birmingham City Council v Lee [2008] EWCA Civ 891. He concluded that despite the removal of CPR 46.11, the reasoning in Lee remained valid, grounded in protocol and policy rather than the rule itself. The judge emphasized that the court’s discretion over pre-allocation costs was still intact, and that no current rule explicitly limited such awards.

In a decisive conclusion, Judge Hill affirmed that Lee v Birmingham remains binding and awarded Carter her costs up to 19 December 2024. The judgment clarifies the ongoing relevance of pre-allocation cost recovery in housing disrepair claims, even in the absence of CPR 46.11. Ethan Riley’s attendance at the hearing underscores the significance of the case, which may influence future litigation strategies in similar disputes.

£3 Million Settlement Secured

Luke Menary has successfully secured a £3 million settlement for a claimant who suffered a below-knee amputation following a devastating road traffic accident. The claimant, a passionate ultra-runner, was injured when her camper van was involved in a collision and subsequently caught fire, leaving her trapped inside. The incident resulted in life-altering injuries and raised complex legal and care-related issues.

The case involved detailed consideration of future accommodation needs, care provision (both gratuitous and commercial), and case management requirements. A key point of contention was the number and style of prostheses required, including the justification for a dress prosthesis. The claimant’s active lifestyle and specific mobility goals added further layers of complexity to the assessment of her long-term needs.

The final settlement ensures the claimant will have access to lifetime prosthetics, including top-of-the-range running limbs, as well as increasing care costs and specially adapted accommodation. The award also covers multiple future treatment modalities, enabling her to maintain a high quality of life and continue pursuing her passion for running.

This outcome reflects the importance of tailoring compensation to the individual circumstances of the claimant, particularly where lifestyle and rehabilitation goals are central to recovery. Luke’s work on this case highlights the depth of expertise within Liverpool Civil Law in handling high-value, complex personal injury claims.

Clinical Negligence Training: Insights from Liverpool Civil Law

On 15th July 2025, a leading Liverpool-based solicitors firm hosted a specialist clinical negligence training session delivered by three barristers from Liverpool Civil Law. The session focused on three key areas: material contribution in causation, limitation and consent, and drafting effective witness statements.

Luke Menary presented a practical checklist for applying the material contribution test, particularly in cases where medical science cannot distinguish between negligent and non-negligent causes. David Pilling provided a comprehensive update on recent case law concerning limitation and informed consent, including the evolving interpretation of Montgomery and its implications for patient autonomy. Lorna Mashongamhende offered expert guidance on witness statement drafting, with a focus on addressing discrepancies between medical records and recollection, and the evidential challenges in consent-based claims.

The training was praised for its clarity, relevance, and practical application, equipping clinical negligence practitioners with valuable tools for navigating complex litigation. The event reinforced the importance of staying up-to-date with legal developments and maintaining high standards in case preparation and advocacy and reflects chambers’ commitment to continuous learning and excellence in client service.