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James Henry gives invaluable advice on whether allegations of dishonesty need to be formally pleaded ‘It was clear to the judge that the Howletts‘ honesty was in issue and he appears to have stated at the outset of the trial that dishonesty and exaggeration were matters which he would have in mind.‘ It is commonplace …
Continue reading "Fundamental dishonesty: To plead or not to plead?"
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Exposure to asbestos; foreseeability of risk; duty of care ‘When determining the risks that an employer should have foreseen, judges should have regard to all the information that a reasonable employer in the defendant‘s position should have acquired at the relevant time.‘ Mr Bussey was employed by the defendant/respondent as a plumber from 1965 to …
Continue reading "Case report: Bussey v Anglia Heating Ltd [2018] EWCA Civ 243"
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Karl Hirst discusses heads of loss for this little-talked-about area ‘The law in this area has deep roots in unmarried claimants claiming for loss of marriage prospects where they can prove that the injury will probably prevent or substantially reduce the claimant‘s prospects in future.‘ One of the key functions required of any personal injury …
Continue reading "Personal injury and relationships: Love and other awkward losses"
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Shaun Ferris highlights that a significant change in the value of a claim is a relevant criteria ‘There was an incentive for parties speedily and proportionately to settle fast-track claims and it would discourage such an approach if a substantial increase in value was not a reason to withdraw an earlier admission‘. In Wood v …
Continue reading "Liability: Withdrawing admissions"
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Julian Matthews examines some of the issues in this little-written-about area, with particular reference to the issues of patient consent which now arise following Montgomery ‘A proper and adequate supply of information to the patient and their relatives and carers at each stage is crucial in ensuring the safety of patients.‘ Issues related to blood …
Continue reading "Clinical negligence: Thrombosis and anticoagulation related claims"
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A growth area in costs litigation is solicitors‘ clients challenging whether the success fee was reasonable. Paul Jones reports on two conflicting cases regarding disclosure ‘It was the claimants‘ contention that the costs deducted were potentially unreasonable and may be subject to reduction at a solicitor/client assessment.‘ The Law Society Gazette recently led with the …
Continue reading "Costs: Whose file is it anyway?"
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Fundamental dishonesty; special damages for expenses ‘The dishonesty was motivated not by a wish to create a false claim but “to conceal and get away with the muddled and careless presentation of his case in the past“.‘ This is a fundamental dishonesty case. The factual analysis on appeal provides a useful illustration of how to …
Continue reading "Case report: London Organising Committee of the Olympic and Paralympic Games (in liquidation) v Sinfield [2018] EWHC 51 (QB)"
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Patrick West explores a recent Supreme Court case on police liability ‘Is there a general rule that police are not under any duty of care when discharging their function of investigating and preventing crime?‘ Everyone who has passed through law school will remember the case about the snail in the ginger beer. Poor old Mrs …
Continue reading "Duty of care: It‘s a fair cop"
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Dr Simon Fox QC provides a summary of all the important cases from 2017 ‘In ABC, the court considered the public interest, duty of confidentiality to the father, undermining of the doctor-patient relationship, pressure on patients to agree to disclosure, psychiatric harm to non-patients, burden on medical staff and incremental manner of development of the …
Continue reading "Case review: Clinical negligence update"
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Philip Davy considers the far-reaching decision of the Supreme Court which held a local authority vicariously liable for the tortious acts of foster carers ‘This was not a case of negligence or fault-based liability; instead it was a case focused upon whether, and if so in what circumstances, ‘non-fault‘ liability could attach to the local …
Continue reading "Compensation: Vicarious liability – still ‘on the move‘"
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