November 2016 #150 – Law Journals

Causation: Looking for answers

Paul Sankey examines the issues in Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust ‘The “material contribution” test only applies in cases where it is impossible to attribute particular damage to a specific cause and therefore apportionment cannot be appropriate.’The recent case of Dr Sido John v Central Manchester …

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Chronic Pain: Assessing damages

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Rushmi Sethi considers the association between trauma and chronic widespread pain ‘A former soldier who developed a chronic widespread pain condition as a result of an accident which occurred while he was serving as a paratrooper succeeded in establishing a claim against his employer where there was a clear temporal association between the accident and …

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Costs: Area of uncertainty

Paul Jones explains the interrelationship between the capped costs of provisional assessment and Part 36 offers ‘The master assessing the costs had found that the cap in CPR 47.15 trumped the right to indemnity costs in 36.17 and it was this decision that the appeal court had to consider.’ One of Lord Justice Jackson’s reforms …

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Road Traffic Accidents: Stop, look, listen

Adam Dyl highlights the importance of foreseeability in the context of determining liability following the recent decision from the Court of Appeal in Scott v Gavigan [2016] ‘While a defendant is not liable for damage that was not reasonably foreseeable, it does not follow that he is liable for all damage that was reasonably foreseeable.’Drivers …

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Expert Evidence: Hard at work

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Andrew Nicoll offers advice for quantifying earnings and planning the future career of an injured client ‘Very, very few claimants are genuinely aware of what might be available in terms of alternative career and how they might gain access to that new phase of their working life.’In many personal injury cases the most significant financial …

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Case Report: Wright v Barts Health NHS Trust [2016] EWHC 1834

Negligence; contribution to loss; multiple injuries ‘The compromise agreement did not include any reservation of the right of Mr Wright to proceed against the hospital, nor any agreement by Mr Wright to indemnify CCR against any liability it may have to the hospital in any contribution proceedings.’ Assume an accident involving a neck injury to …

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Orders For Payment: Arguments over the bill

Nicholas Lee discusses the issues surrounding payments on account of costs ‘Where interim costs orders are to be subject to detailed assessment at the conclusion of the proceedings, there seems to be no reason in principle why the court cannot order a payment on account of such costs.’In April 2013 the provisions within the CPR …

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Case Planning: Back to basics

Charlotte Robinson-Jones provides practical advice on making applications ‘It is likely to be the case that any hearing will take place after the deadline has expired, but as long as the application is made in time, you should hopefully find that the judge is more receptive to your arguments, as they will be applying the …

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