March 2017 #153 – Law Journals

Case Report: Wells v Wood [2016] unreported, Lincoln County Court, HHJ Godsmark QC, 9 December, 2016 WL 07330089

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 …

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Vicarious Liability: Pushing the boundaries

Adam Ohringer considers the effects of the Supreme Court ruling in Mohamud v WM Morrison Supermarkets plc ‘In Mohamud, it was argued in the Supreme Court that the test for vicarious liability needed to be recast to be both more expansive and simpler to apply.’The concept that an employer is vicariously liable for the wrongdoing …

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Standards Of Care: Sepsis and clinical negligence claims

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 …

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Stress At Work: Navigating the minefield

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 …

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Eye Injuries: Getting the correct treatment

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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 …

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Costs: Last minute decisions

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 …

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Pre-Action Disclosure: In a fix

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 …

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