Merrix v Heart of England NHS Foundation Trust [2016] EWHC B28 (QB); [2017] EWHC 346 (QB) – Law Journals

Advocate’s Advice: Clinical negligence review

Bill Braithwaite QC analyses the most important cases of the year ‘A report setting out a diagnosis without any recommendation for treatment or any further diagnostic procedure is far from what McNair J had in mind when he directed the jury in Bolam.’ Although I only do clinical negligence claims involving the brain or spine, I …

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Budgets: The cost of everything

Francesca Ruddy analyses a recent case examining the relationship between costs budgeting and costs awarded ‘The court underlined the importance for both parties of having certainty at an early stage in litigation as to the likely costs burden, criticising the defendant’s approach for being concerned solely with the paying party and paying “scant, if any, …

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Dilapidations Claims: A damaging judgment

Tim Rayner assesses good practice when claiming costs in dilapidations claims ‘If the landlord undertakes works that were the responsibility of the tenant, then the cost of those works will be a good guide as to the landlord’s loss.’ The case of Car Giant Ltd v London Borough of Hammersmith & Fulham [2017] concerned a …

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Insights By Penningtons Manches: A bundle of fun, and other stories…

Clare Arthurs and Nicole Finlayson review recent decisions ‘As ever then, the moral of the story is – to avoid doubt, spell/write/type it out.’ Life as a commercial litigator is (large disclosure exercises aside) usually varied and stimulating. No two cases are ever the same, and you never know what is going to cross your …

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Costs: Costs management and detailed assessment

Paul Jones discusses the degree judges are bound by the approved costs budget ‘Budgets are intended to provide a form of control rather than a licence to conduct litigation in an unnecessarily expensive way.’ Costs budgets were a central pillar of Lord Justice Jackson’s civil litigation reforms with the stated intention that they would deliver …

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