This category can only be viewed by members.
Paul Jones highlights that there are still areas of dispute with fixed costs ‘The claimant’s case was that the reference to “the cost of obtaining” in CPR 45.29I(2) did not draw any distinction between the direct costs (the fee charged by the GP or hospital) and the indirect costs of an agent doing the work …
Continue reading "Costs: Medical agency fees in fixed costs cases"
This post is only available to members.
Andrew Sugarman and Megan Crowther consider the extent of employers’ liability for personal injury in this rapidly changing area ‘Employers need to realise that their responsibilities are probably wider than was previously thought, with vicarious liability for the wrongs of others stretching beyond the classic master/servant relationship and stretching into conduct that might not previously …
Continue reading "Vicarious liability: Moving with the times"
This post is only available to members.
Julian Matthews looks at a recent contentious decision and the possible wider ramifications ‘The giving of greater prominence to the compensatory principle is likely to generate other novel claims as the emerging technologies address the difficulties resulting from life-changing injuries and provide the possibility of new solutions.’ The primary aim of damages for personal injuries …
Continue reading "Compensation: Costs of commercial surrogacy – a recoverable head of loss?"
This post is only available to members.
Paul Jones examines the problems that can arise when cases are transferred between firms ‘The acceptance by the claimant of the new CFA was an acceptance of Secure Law’s repudiatory breach of the original CFA and, as such, extinguished any existing liability under that entire contract.’ The days when new case law dealing with the …
Continue reading "Costs: When an assignment goes wrong"
This post is only available to members.
Sam Hayman advises on where he sees an emerging market for ADR ‘Now more than ever, the judiciary has a key role in progressing the uptake of ADR.’ Mediation in costs proceedings is a relatively contemporary option. There was a very apparent emergence of such options following the introduction of the Jackson reforms and this …
Continue reading "ADR: Mediation in costs proceedings"
This post is only available to members.
Pankaj Madan reviews research which illustrates that rehabilitation in the form of CBT and psychotherapy for chronic pain conditions is effective ‘Treating chronic pain with CBT leads to changes in several brain areas including the pre-frontal cortex and parietal regions of the brain.’ In December 2018/January 2019’s edition of Personal Injury Law Journal (‘Good for …
Continue reading "Chronic pain: Curing pain through psychological brain therapy"
This post is only available to members.
Informed consent; clinical negligence; the SAAMCO principle ‘In the event, the Court of Appeal in Khan distinguished Chester on the facts in order to apply the SAAMCO principles to the duty to give informed consent.’ Khan v MNX [2018] is an important decision clarifying that the SAAMCO principle, that losses are only recoverable if they …
Continue reading "Case report: Khan v MNX [2018] EWCA Civ 2609"
This post is only available to members.
Jonathan Bellamy explores the issues that arise in the growth area of professional sport claims ‘As the incidence and value of sports injury claims have increased, so insurers have responded by tailoring their policies to exclude or limit the level of indemnity for personal injury claims between contestants.’ During the last 20 years there has …
Continue reading "Sports injuries: Dangerous games"
This post is only available to members.
Clinical negligence; surrogacy; public policy and illegality; PSLA ‘It was argued on behalf of Ms X that the ratio of Briody was simply that the prospects of successful surrogacy in that case were so “vanishingly small” that the expenditure was not “reasonable” and, therefore, not recoverable as special damages.’ The defendant trust admitted negligence in …
Continue reading "Case report: XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832"
This post is only available to members.
Elliot Kay reports on a recent case that confirms you have to send a bill of costs to your client, even in fixed costs cases ‘Rule 17.2 expressly required a bill to be delivered or written notification to be given “first”, ie before the defendant took payment for its fees, and that had not happened.’ …
Continue reading "Bills of costs: Show your working out"
This post is only available to members.
