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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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Sam Hayman discusses the implications of the recent case of Yirenkyi and its effect on the costs management regime ‘Matters were not assisted by rounds of first instance conflicting decisions, and while this judgment does not extinguish all issues and ambiguity within the process it gives a robust framework to judges to operate within.’ Sir …
Continue reading "Costs management: Yirenkyi – providing much-needed certainty"
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Liam Ryan examines the Supreme Court’s decision in the case of Darnley and its potential wider impact ‘There is a tendency in some courts to elide breach of duty and scope of duty issues with the concept of a duty of care (as had the majority in the Court of Appeal).’ There is an interesting …
Continue reading "Negligence: Who watches the gatekeepers?"
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Paul Jones explores whether all the penalties of a beaten Part 36 offer must apply or whether they can be severable ‘The matter arose from a clinical negligence case that had concluded in the claimant’s favour, including an order that the defendant pay the claimant’s costs on the standard basis.’ Once again, Part 36 offers …
Continue reading "Costs: Part 36 offers – all or nothing?"
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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"
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James Marwick and Marcus Coates-Walker provide an invaluable summary of the latest decisions in the ever-changing arena of Part 36 offers ‘Hislop, it is submitted, is yet another instance of the court having to construct a Part of the CPR which was simply not drafted with fixed costs in mind and where the poor drafting …
Continue reading "Part 36: An offer you can’t refuse"
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Is an employer vicariously liable for injuries inflicted during a fight between employees? David Sanderson examines a recent case ‘It is in many ways remarkable that the trial judge should have taken such care to make and record findings of fact that seem so clearly to point towards a finding of vicarious liability, only then …
Continue reading "Vicarious liability: The perils of Christmas parties"
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Shahram Sharghy reports on a case that concerned whether a duty of care was owed by a non-medically-trained receptionist ‘As soon as the claimant had been “booked in”, he entered into a relationship with the defendant of patient and healthcare provider. The scope of the duty extends to taking reasonable care not to provide misleading …
Continue reading "Breach of duty: Saying the wrong thing"
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Pankaj Madan explores recent research into the effect of the litigation process on chronic pain conditions ‘The most consistent finding of the study was that litigants’ perception of increased pain and minimisation of treatment effect was strongly reinforced by involvement in the compensation system.’ In November’s edition of Personal Injury Law Journal (‘What does it …
Continue reading "Compensation for chronic pain: Good for your wealth but bad for your health?"
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Costs budgets; relief from sanctions ‘In some cases the defaulting party would be better off relying upon a saving provision rather than making an application for relief under CPR 3.9.’ Page v RGC Restaurants Ltd [2018] is an important authority determining: the effect of filing an incomplete costs budget; and the court’s jurisdiction to grant …
Continue reading "Case report: Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB)"
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