This category can only be viewed by members.
Rushmi Sethi examines clinical negligence claims concerning ophthalmic injuries ‘A doctor is not negligent if there is another responsible body of medical opinion who would have acted in the same way as the treating clinician.’The purpose of this article is to consider the recent case law relating to eye injury claims, considering in particular the …
Continue reading "Eye Injuries: Getting the correct treatment"
This post is only available to members.
Paul Jones offers insight into the recent cases that deal with Part 36 offers and fixed costs ‘On the question of whether the costs should be standard or indemnity basis, the defendant’s position was that the court should only order costs on the indemnity basis as a form of punishment for inappropriate conduct that merited …
Continue reading "Costs: Last minute decisions"
This post is only available to members.
Marcus Coates-Walker describes Sharp v Leeds CC where it was decided that fixed costs apply to the costs of a PAD application in ex-protocol cases ‘The starting point in these cases is to limit the recovery of costs to the fixed rates, subject only to a very small category of clearly stated exceptions.’ In the …
Continue reading "Pre-Action Disclosure: In a fix"
This post is only available to members.
Court fees; limitation period; striking out; abuse of process ‘A claim form issued by a court and sealed is effective for limitation purposes regardless of the fee paid. Issue of the claim form marks the commencement of proceedings.’ In the professional negligence case of Lewis v Ward Hadaway [2015] several claims were held to be …
Continue reading "Case Report: Wells v Wood [2016] unreported, Lincoln County Court, HHJ Godsmark QC, 9 December, 2016 WL 07330089"
This post is only available to members.
Adam Ohringer considers the effects of the Supreme Court ruling in Mohamud v WM Morrison Supermarkets plc ‘In Mohamud, it was argued in the Supreme Court that the test for vicarious liability needed to be recast to be both more expansive and simpler to apply.’The concept that an employer is vicariously liable for the wrongdoing …
Continue reading "Vicarious Liability: Pushing the boundaries"
This post is only available to members.
Helen Thompson sets out the possible legal remedies after sepsis is misdiagnosed or not recognised ‘People can become very ill and sometimes sustain permanent injury or even die as a result of sepsis. This can occur even when medical professionals provide excellent care.’In recent years, cases of patient deaths due to incorrect diagnosis and delayed …
Continue reading "Standards Of Care: Sepsis and clinical negligence claims"
This post is only available to members.
Claire Howard outlines the ways to spot, address and ensure compensation for clients with visual problems after an accident ‘The exact prevalence of visual problems following traumatic brain injury is unknown but it is probably far higher than people imagine. On a basic level this isn’t surprising when you consider the location of the eyes …
Continue reading "Optical Dysfunction: Visual injuries following traumatic brain injury"
This post is only available to members.
Paul Sankey looks at the recent case law concerning patients receiving care ‘The Supreme Court has rejected a clinician-centred and paternalistic approach to consent replacing paternalism with patient autonomy.’There have been a number of cases dealing with the law of consent to medical treatment over the last two years, the most notable of which is …
Continue reading "Consent: Doctor’s orders?"
This post is only available to members.
Jonathan Godfrey examines the replacement of services provided by the deceased pursuant to s3 of the FAA ‘A “free standing” claim for loss of earnings falls outside the scope of s3 of the FAA. It does not refer from a benefit that would have accrued had the deceased survived.’The remit of s3 of the Fatal …
Continue reading "Dependency Claims: An odyssey around Section 3 of the Fatal Accident Act 1976"
This post is only available to members.
Paul Jones analyses a recent case in which costs were incurred before and after the introduction of the current proportionality rules ‘In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs.’ If one could somehow …
Continue reading "Costs: Additional problems with proportionality"
This post is only available to members.
