This category can only be viewed by members.
Helen Thompson sets out the possible legal remedies after sepsis is misdiagnosed or not recognised ‘People can become very ill and sometimes sustain permanent injury or even die as a result of sepsis. This can occur even when medical professionals provide excellent care.’In recent years, cases of patient deaths due to incorrect diagnosis and delayed …
Continue reading "Standards Of Care: Sepsis and clinical negligence claims"
This post is only available to members.
Liam Ryan discusses claims in the Employment Tribunal and County Court and abuse of process ‘A claimant who may well have proceeded initially as a litigant in person in the Employment Tribunal can find themselves being precluded from being able to bring the later action due to it being classed as an abuse of process.’When …
Continue reading "Stress At Work: Navigating the minefield"
This post is only available to members.
Rushmi Sethi examines clinical negligence claims concerning ophthalmic injuries ‘A doctor is not negligent if there is another responsible body of medical opinion who would have acted in the same way as the treating clinician.’The purpose of this article is to consider the recent case law relating to eye injury claims, considering in particular the …
Continue reading "Eye Injuries: Getting the correct treatment"
This post is only available to members.
Paul Jones offers insight into the recent cases that deal with Part 36 offers and fixed costs ‘On the question of whether the costs should be standard or indemnity basis, the defendant’s position was that the court should only order costs on the indemnity basis as a form of punishment for inappropriate conduct that merited …
Continue reading "Costs: Last minute decisions"
This post is only available to members.
Marcus Coates-Walker describes Sharp v Leeds CC where it was decided that fixed costs apply to the costs of a PAD application in ex-protocol cases ‘The starting point in these cases is to limit the recovery of costs to the fixed rates, subject only to a very small category of clearly stated exceptions.’ In the …
Continue reading "Pre-Action Disclosure: In a fix"
This post is only available to members.
Court fees; limitation period; striking out; abuse of process ‘A claim form issued by a court and sealed is effective for limitation purposes regardless of the fee paid. Issue of the claim form marks the commencement of proceedings.’ In the professional negligence case of Lewis v Ward Hadaway [2015] several claims were held to be …
Continue reading "Case Report: Wells v Wood [2016] unreported, Lincoln County Court, HHJ Godsmark QC, 9 December, 2016 WL 07330089"
This post is only available to members.
Paul Jones analyses a recent case in which costs were incurred before and after the introduction of the current proportionality rules ‘In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs.’ If one could somehow …
Continue reading "Costs: Additional problems with proportionality"
This post is only available to members.
Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …
Continue reading "Occupational Stress: Two of a kind"
This post is only available to members.
Vicarious liability; wrongful conduct; close connection test; lack of evidence ‘Specific evidence as to the circumstances of the wrongful conduct is needed to establish the close connection test.’ In Cox v Ministry of Justice [2016] and Mohamud v WM Morrison Supermarkets plc [2016] the Supreme Court in effect relaxed the criteria for vicarious liability. The …
Continue reading "Case Report: Fletcher v Chancery Lane Supplies Ltd [2016] EWCA Civ 1112"
This post is only available to members.
Tom Semple considers the Department of Health’s latest revision to its proposal to introduce fixed recoverable costs in clinical negligence cases ‘In many respects, the new proposal is a significant victory for claimants. The most obvious being that medium to high-value claims do not look like they will be subjected to fixed costs in the …
Continue reading "Clinical Negligence: A mixed bag"
This post is only available to members.
