June 2017 #156 – Law Journals

Costs: When detailed assessment goes wrong

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 …

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Low Value Clinical Negligence Claims: Caring for clients in a cost-effective way

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 …

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Criminal Injuries Fund: No wrongful existence

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 …

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Case Report: RE v Calderdale and Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB)

Shoulder dystocia; secondary victims; psychiatric injury; destruction of medical records ‘The essence of the case was that the infant claimant could have been and should have been born sooner (at least six minutes), in which case she would have avoided all injury. The defendant denied all of the allegations.’In this case, the infant claimant had …

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Clinical Negligence: Management of medical records

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Rebecca Fenton explains how delegation can reduce costs in low-value personal injury claims ‘There is no one set way to improve record management and reduce costs across all clinical negligence cases, but solicitors need to ensure they use the most efficient methods that best suit the specific requirements of a case.’Due to the ever-changing landscape …

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Data Protection: The rules are changing

Stricter regulations on handling personal data are set to come into force next year. Stephanie Prior reports ‘The purpose of these new rules is to tighten up on processes and procedures and make it easier for people to bring claims against companies who do not follow the new GDPR rules. The rules promote accountability and …

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Fixed Recoverable Costs: Finding another way

Steven Akerman offers alternatives to the costs proposals being considered in Lord Justice Jackson’s review ‘It is apparent that the status quo is simply not fit for purpose either, given for the potential of significant adverse costs making litigation unaffordable for many.’In advance of Lord Justice Jackson’s impending review on fixed recoverable costs, I took …

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Psychiatric Injury: Picking up the pieces

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 …

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