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Bill Braithwaite QC provides his insight on recent significant case law ‘In Montgomery, the Supreme Court highlighted the importance of patient autonomy and the patient’s entitlement to make decisions whether to incur risks of injury inherent in treatment.’ Updating in clinical negligence is not always easy, because the principles usually stay the same, and only …
Continue reading "Advocate’s advice: Clinical negligence update"
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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"
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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?"
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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"
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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 …
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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"
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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"
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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"
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Catriona Stirling and William Latimer-Sayer QC look at some of the key areas of the law in relation to quantum of personal injury damages which they consider to be in need of reform ‘If a head of loss is pecuniary in nature, it should be open to all claimants to advance a claim for it, …
Continue reading "Assessment of damages: Paying unfair"
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Dr Robert Whittock considers the causation hurdle faced in claiming for travel sickness on package holidays ‘Claimants who consume food or drink outside the package prior to falling ill are likely to find proving causation to be even more difficult.’ Over the last few years travel sickness claims have increased by 500% despite reports of …
Continue reading "Travel sickness claims: Ill-gotten gains"
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