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Richard Baker reflects on how practitioners can adapt to preserve access to justice ‘While reliance on the bar has been excluded from the fixed-costs portal for personal injury claims, the same costs saving approach should not be seen as an attractive option in similar low-value clinical negligence claims.’I was called to the bar in the …
Continue reading "Low Value Clinical Negligence Claims: Caring for clients in a cost-effective way"
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Anna Macey evaluates a claim for compensation by the child of an incestuous rape ‘Properly analysed, Y’s complaint was that he should never have been conceived, which was a claim for wrongful existence, and not a claim for having suffered a personal injury.’CICA and FTT v Y [2017] was a Court of Appeal claim for …
Continue reading "Criminal Injuries Fund: No wrongful existence"
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Shoulder dystocia; secondary victims; psychiatric injury; destruction of medical records ‘The essence of the case was that the infant claimant could have been and should have been born sooner (at least six minutes), in which case she would have avoided all injury. The defendant denied all of the allegations.’In this case, the infant claimant had …
Continue reading "Case Report: RE v Calderdale and Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB)"
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Rebecca Fenton explains how delegation can reduce costs in low-value personal injury claims ‘There is no one set way to improve record management and reduce costs across all clinical negligence cases, but solicitors need to ensure they use the most efficient methods that best suit the specific requirements of a case.’Due to the ever-changing landscape …
Continue reading "Clinical Negligence: Management of medical records"
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Bill Braithwaite QC explains multipliers and the future of the discount rate in personal injury compensation ‘Almost every penny of compensation is allocated to a specific need in the future. Take away the money, and the therapy and support stop, and the claimant and his or her family can no longer afford to live in …
Continue reading "Advocate’s Advice: Discount rate delight or disaster"
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Patrick Limb QC provides practical advice on how and when to make offers following the lowering of the discount rate ‘Those acting for claimants – particularly where for some of the most seriously injured individuals, the approval of the court will be required – have considered it to be an unpalatable and (too) risky a …
Continue reading "Discount Rates And Offers: Now is the summer of our discount rates"
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Nigel Spencer Ley reviews the effect of the new discount rate on accommodation cases like Roberts v Johnstone ‘It cannot be right that a claimant who has a real financial need as a result of the defendant’s negligence has to pay damages to the defendant.’ Amid apocalyptic warnings from insurers as to the impact of …
Continue reading "Accommodation: An all-time bungalow"
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Jennifer Stone, Nick Leech, Andrew Sands and Nick Martin reflect on the implications of the change in the discount rate ‘An investor placing capital into ILGs and holding the investment until the redemption date (date of maturity) is at today’s prices guaranteed to have less purchasing power with that money than they had at the …
Continue reading "Periodical Payments And Lump Sums: A lifetime commitment"
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After the discount rate cut, Paul Jones predicts increased legal disputes over interest on legal costs ‘Interest on legal costs is calculated from the date of the order giving a party the right to costs, rather than the date when those costs were assessed, the so-called incipitur rule.’While the legal and insurance professions come to …
Continue reading "Costs: Interesting times"
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Paul Sankey investigates a decision in the Court of Appeal after it had applied the Montgomery test ‘There have been a number of reported decisions from the lower courts since Montgomery but this is the first Court of Appeal decision to apply the new definition of a doctor’s duty in giving advice.’The recent decision in …
Continue reading "Consent To Medical Treatment: Changing priorities"
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