September 2014 #128 – Law Journals

Costs: Non-fixed success fees – what is reasonable?

Paul Jones considers the risk factors the court will take into account ‘The fact that the success fee was staged could not be used to justify a higher success fee and, consequently, the Master’s assessment of a reasonable success fee at 30% was a reasonable decision.’ With the growth of fixed success fees and, indeed, …

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Case Report: Helen Jean Sloan v The Governors of Rastrick High School [2014] EWCA Civ 1063

Manual Handling Operations Regulations 1992; breach of duty ‘The Court of Appeal accepted that the recorder has misdirected herself as to the burden of proof but this was not a reason for setting aside her judgment.’ In this case the Court of Appeal considered whether Mrs Recorder Stocken had correctly dismissed a claim for damages …

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Clinical Negligence: My head hurts

Meningitis claims present very considerable challenges to clinical negligence lawyers. Julian Matthews looks at a recent decision which illustrates the difficulties, and the importance of clear evidence and analysis ‘If a doctor was faced with a patient where meningitis was strongly suspected that medical practitioner would be negligent in not administering penicillin and immediately referring …

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Advocate’s Advice: The real deal

Bill Braithwaite sets out the need to be cautious when dealing with insurers in rehabilitation cases ‘There is a common view nowadays that lawyers should help patients to access appropriate rehabilitation, not because it is part of the litigation process, but because we should enable claimants to do their best to rebuild their lives following …

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Compensation: Recovering damages in wrongful life cases

Suzanne Farg gives guidance on pursuing clinical negligence claims for ‘wrongful conception’ and ‘wrongful birth’ The essential characteristics of reproductive and antenatal medical treatment are such that negligence in these areas will often have further reaching implications for the patient and his or her family, than negligence in other areas of medicine. Particular examples are …

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Inquests: Preparation advocacy and PFDs

Richard Partridge concludes his advice on representing interested parties, in the second part of his article on the coronial process ‘The key to any advocacy, more important than structured, detailed questioning for witnesses, is thorough factual preparation.’ The first part of this article looked at preparation, expert witnesses and applying for adjournments when the coronial …

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Consumer Protection Act 1987: Defective products

Charles Dougherty QC and Isabel Barter offer a practical guide to the Consumer Protection Act 1987 ‘It is worth noting that certain products are inherently unsafe but that does not mean that they are necessarily defective.’ Part 1 of the Consumer Protection Act 1987 (CPA), which implemented the European Directive of July 1985 (the directive), …

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