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Ann Houghton and Karl Hirst take the back-to-basics approach when considering liability and the effect of the ‘just and equitable’ principle ‘While there is no authority to prescribe a threshold-level at which there should be no finding of contributory negligence because the share of responsibility is so small that it should be disregarded, it would …
Continue reading "Contributory negligence: When is the claimant’s share of blame too little to count?"
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With the new costs regimes significantly restricting recoverable costs, tactical offers have assumed greater importance. Julian Matthews looks at two recent cases which demonstrate the effectiveness of such offers ‘In strong cases in particular, there is a compelling case for giving keen consideration to a high-percentage liability offer at an early stage.’ There has long …
Continue reading "Clinical negligence: The importance of considering liability offers"
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Paul Jones advises defendants to give careful consideration before blaming other parties as costs consequences can follow ‘On appeal, Lavender J considered the Court of Appeal’s guidance in Irvine whereby the court should consider the reasonableness of the claimant’s conduct in bringing multiple claims, whether the defendants are blaming each other, and whether the claims …
Continue reading "Multi-defendant claims: Who foots the bill?"
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Kim Harrison reports on the remedies available for psychiatric harm caused to children by sexual texts ‘It may well be that the Rhodes tort used in the ABC case may not be being used as often as it was thought it may be following the ABC judgment if claimants are instead choosing to utilise other …
Continue reading "Sexting: Sending the wrong message"
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Rushmi Sethi considers the interrelationship between duty of care and secondary victims in nervous shock claims in clinical negligence cases ‘The second claimant had a good arguable case that he had been in close proximity in space and time to the relevant event at the bridge, or its immediate aftermath.’ The High Court case of …
Continue reading "Nervous shock: Analysing duty of care"
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Contributory negligence; road traffic accidents; Part 20 contributions ‘Caine’s momentary misjudgement of the vehicle’s speed was not negligent when balanced against the defendant’s reckless driving.’ On 20 September 2008 the claimant, Caine Ellis, was struck by a car as he was crossing a road in Acocks Green, Birmingham. The eight-years, eight-months-old boy suffered a severe …
Continue reading "Case report: Ellis v Kelly [2018] EWHC 2031 (QB)"
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Victoria Eyers examines how to remove ambiguity from accounts of vision in vehicle incidents Large goods vehicles (LGVs) are involved in disproportionately high numbers of collisions with vulnerable road users (VRUs); 23% of pedestrian and 50% of cyclist deaths in 2016, despite LGVs making up only 4% of road miles in London (source: Transport for …
Continue reading "RTAs: There to be seen – or were they?"
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Rushmi Sethi analyses military personal injury claims concerning post-traumatic stress disorder ‘Deployed reservists still have a higher prevalence of probable PTSD than non-deployed reservists despite several initiatives by the MoD. There was a significant association between deployment and probable PTSD in regular personnel who had a combat role during deployment.’ Traumatic events such as combat, …
Continue reading "Post-traumatic stress disorder: Diagnostic and liability issues"
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James Manning summarises the key findings in Tuson v Murphy and highlights the alternative tactics the defendant could have adopted in the case ‘At the time M made an unconditional Part 36 offer to T in settlement of the whole of her claim, M knew that T had concealed the fact that she had become …
Continue reading "Part 36 offers: All-inclusive"
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Limits of the duty of informed consent; breach of duty; causation ‘The confirmation of the need to satisfy the but for test is consistent with a long line of recent authority.’ In Montgomery v Lanarkshire Health Board [2015] it was held that the doctor must take reasonable care to ensure that a patient is aware …
Continue reading "Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307"
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