December 2019/January 2020 #181 – Law Journals

Provisional damages: The right to return

Julian Matthews reviews a much underused solution to complex causation issues ‘There should be significant savings for defendants, particularly if an appropriate basis for provisional damages can be agreed as part of a package at an early stage in litigation.’ Practitioners are well aware in general terms of the availability of provisional damages – whereby …

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QOCS: A foot in both camps

Ian Meikle reports on a Court of Appeal decision upholding that QOCS does not automatically apply to ‘mixed’ claims involving both a personal injury and non personal injury element ‘The court ruled that claims not for PI damages, even when brought alongside and arising out of the same facts as a PI claim, were not …

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Advocate’s advice: The great outdoors

Bill Braithwaite QC explores brain injury rehabilitation centred on outdoor activity ‘The new Calvert centre (Reconnections) will combine traditional inter-disciplinary clinical therapies with physical and sporting activity in the outdoors, to support individuals in their recovery from brain injury, and in their return to an enjoyable life.’ The Calvert Trust has been providing exciting and …

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Costs: Counsel’s fees in fixed costs cases

Paul Jones considers the financial implications of the Court of Appeal’s decision in Aldred ‘The defendant’s submission was that the costs of obtaining an advice for the purposes of an infant approval, whether incurred by the solicitor or counsel, were already included within the fixed costs set out in Table 6B of CPR 45.29C.’ The …

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Catastrophic brain injury claims: The choice of experts

Instructing the right team at the right time is crucial. Pankaj Madan provides invaluable guidance ‘The purpose of the consultant’s report will be to provide a preliminary diagnosis of the severity of the injury and to map out an optimal pathway for the rehabilitation of the claimant.’ In this article I will examine the issues …

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Case report: CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB)

Memory; documentary records; disputes of fact ‘HHJ Gore QC’s conclusion that it was necessary to subject the documentary record to careful scrutiny by reference to the witness evidence is consistent with both the Gestmin principles and the historical emphasis on the importance of written evidence.’ This was a clinical negligence claim involving a disputed documentary …

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Sepsis: A difficult diagnosis

Nicholas Leahy highlights how greater awareness of sepsis can lead to better outcomes ‘Diagnosing sepsis early on can be extremely difficult. Many of the symptoms which patients present with are similar to other frequently encountered conditions.’ There now seems to be greater awareness than ever before of the vital importance of a timely diagnosis of …

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