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Paul Jones explains the costs consequences when claims involve both personal injury and non-personal-injury elements ‘The defendant’s case was that the inclusion of a personal injury claim within a much wider claim involving non-personal-injury claims did not entitle the claimant to QOCS protection as the matter fell within the ambit of the CPR 44.16(2)(b) exception.’ …
Continue reading "Costs: Mixing it up with QOCS"
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Rushmi Sethi analyses military personal injury claims concerning post-traumatic stress disorder ‘Deployed reservists still have a higher prevalence of probable PTSD than non-deployed reservists despite several initiatives by the MoD. There was a significant association between deployment and probable PTSD in regular personnel who had a combat role during deployment.’ Traumatic events such as combat, …
Continue reading "Post-traumatic stress disorder: Diagnostic and liability issues"
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James Manning summarises the key findings in Tuson v Murphy and highlights the alternative tactics the defendant could have adopted in the case ‘At the time M made an unconditional Part 36 offer to T in settlement of the whole of her claim, M knew that T had concealed the fact that she had become …
Continue reading "Part 36 offers: All-inclusive"
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Limits of the duty of informed consent; breach of duty; causation ‘The confirmation of the need to satisfy the but for test is consistent with a long line of recent authority.’ In Montgomery v Lanarkshire Health Board [2015] it was held that the doctor must take reasonable care to ensure that a patient is aware …
Continue reading "Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307"
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Jonathan Holsgrove reports on the duty of care owed to schoolchildren after a recent case ‘A measure of discretion is needed and provided to teachers who are best placed to know the school, the environment and the pupils in their care. In those circumstances the court should be slow to substitute its own judgement and …
Continue reading "Duty of care: Can you run in school?"
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Sharan Sanghera provides up-to-date advice following a number of Part 36 judgments ‘Despite being a well-established regime, Part 36 continues to trip up litigators and mistakes can not only mean that consequences are not applied in your favour but can also lead to expensive satellite litigation.’ There are clear advantages to claimants and defendants in …
Continue reading "Settlements: Getting Part 36 offers right"
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Paul Jones considers the latest case involving QOCS and allegations of fundamental dishonesty ‘The test was one that neither required exceptionality nor was to be made routinely. There was no presumption either for or against the making of such a finding but was rather one to be made after a consideration of all of the …
Continue reading "Costs: No exceptionality required"
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In the conclusion to a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg examine the implications of the Court of Appeal’s judgment in CN v Poole Borough Council ‘Following CN v Poole, no duty of care can be owed by a local social services authority in the exercise of its child protection …
Continue reading "Local authority duties: Limited liability"
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Sexual assault, Package Travel Regulations, improper performance of contract, vicarious liability ‘The majority found that the judge was correct to hold that the respondent was not liable under either the express or implied terms of the contract as the employee was not a supplier within the meaning of the PTR 1992.’ On 8 July 2010 …
Continue reading "Case report: X v Kuoni Travel Ltd [2018] EWCA Civ 938"
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Philip M D Grundy, Nick Martin, Edward J P Grundy and Matthew Smith explain why Roberts v Johnstone is no longer applicable ‘There is no doubt that several of the potential solutions identified provide both the tortfeasor and the claimant with a range of practical alternatives to the accommodation conundrum.’ At 38.204, McGregor on Damages …
Continue reading "Accommodation claims: Behind the times"
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