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Anna Macey evaluates the balance between patient confidentiality and the prevention of harm ‘The mother’s claim was that her father’s medical practitioners had a duty of care to her, and her child, and ought to have informed her at any earlier opportunity of the likelihood of her father’s diagnosis.’ In the sad case of ABC …
Continue reading "Damages: Duty of care"
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Brian McCluggage argues for a greater focus on trial preparation in motor fraud cases ‘In the motor fraud context litigants need to get it right first time. The fact “fraud” is involved does not notably increase the willingness of the appellate courts to interfere with judgments perceived as unfair.’ This short article developed out of …
Continue reading "Motor Insurance Fraud: The ‘trial mindset’"
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James Goudkamp explores whether the Supreme Court’s policy-based approach to the illegality doctrine will be followed in tort cases ‘An important question that arises, and one that was not answered by the Supreme Court, is whether Patel applies beyond the field of unjust enrichment.’ The Supreme Court recently handed down judgment in the appeal in …
Continue reading "Illegality: Does Patel v Mirza apply in tort?"
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Paul Jones reviews if a defendant can be reimbursed for payments which are now unnecessary after a change in the RTA protocol ‘The underlying objective of the RTA protocol was that solicitors would receive payment for the work done during each stage, independently of the final outcome of the matter.’During the Peloponnesian War between Athens …
Continue reading "Costs: The Four Hundred Club"
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Fixed costs regime; road traffic accident; non-road user; pre-action protocols; public liability claims, simple fast-track claims ‘The claim was straightforward and low value. The costs should be proportionate and the court’s time allotted to this matter limited.’ This decision provides important clarification as to the scope of the fixed costs regime (FCR) at CPR Part …
Continue reading "Case Report: Prescott v Trustees of the Pencarrow 2012 Maintenance Fund (2017) unreported, Plymouth County Court, District Judge Richards, 12 June"
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Rushmi Sethi considers contributory negligence in lung cancer claims in mostly asbestos-exposed smokers ‘For a defendant facing a claim for damages arising from asbestosis or other lung diseases, the effects of smoking is an important factor to investigate and consider when arguing for a reduction towards their financial liability.’ The inhalation of asbestos dust and …
Continue reading "Evidential Issues: Asbestos-related lung cancer claims"
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Liam Ryan investigates unintended tragedies and the scope of secondary victims ‘It seems now to be clear that where a defendant is negligent while a baby is still “in utero” and personal injury (either to the child or mother) was a foreseeable consequence, then the mother will be capable of recovering compensation for any subsequent …
Continue reading "Psychiatric Injury: Picking up the pieces"
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Paul Jones outlines the consequences of improper and unreasonable conduct when serving a bill of costs ‘The Master had little difficulty in concluding that the claimant solicitors’ conduct of the detailed assessment proceedings had been both improper and unreasonable.’The signing of a certificate of accuracy in a bill of costs as required by CPR 47 …
Continue reading "Costs: When detailed assessment goes wrong"
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Richard Baker reflects on how practitioners can adapt to preserve access to justice ‘While reliance on the bar has been excluded from the fixed-costs portal for personal injury claims, the same costs saving approach should not be seen as an attractive option in similar low-value clinical negligence claims.’I was called to the bar in the …
Continue reading "Low Value Clinical Negligence Claims: Caring for clients in a cost-effective way"
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Anna Macey evaluates a claim for compensation by the child of an incestuous rape ‘Properly analysed, Y’s complaint was that he should never have been conceived, which was a claim for wrongful existence, and not a claim for having suffered a personal injury.’CICA and FTT v Y [2017] was a Court of Appeal claim for …
Continue reading "Criminal Injuries Fund: No wrongful existence"
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