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Tom Semple considers the Department of Health’s latest revision to its proposal to introduce fixed recoverable costs in clinical negligence cases ‘In many respects, the new proposal is a significant victory for claimants. The most obvious being that medium to high-value claims do not look like they will be subjected to fixed costs in the …
Continue reading "Clinical Negligence: A mixed bag"
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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"
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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?"
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Alexander Hutton QC shares his insight into the revised Practice Direction 51L ‘Sir Rupert’s conclusions required the marrying up of contemporaneous electronic time recording with importation of that data straight into an electronic form of bill of costs without one needing to reinvent the wheel every time as is the case presently.’ On 3 October …
Continue reading "Electronic Billing: The new bill of costs is coming"
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James Healy-Pratt gives a valuable insight into the potential problems practitioners might encounter when dealing with claims after aviation accidents ‘Emergency evacuation cases present complex legal and technical challenges. It is also worth noting that these types of accident can frequently be seconds away from a very different and more deadly conclusion.’As a helicopter pilot, …
Continue reading "Aviation Law: International claims in emergency evacuation incidents"
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Mamta Gupta reviews the continuing developments in the understanding of obstetric brachial plexus injuries ‘New data following recently completed trials have shown that a substantial majority of OBPIs can be prevented with accurate management, as per the Green-Top Guidelines, and therefore must be caused mostly by actions or omissions of the accoucheur.’The medical landscape around …
Continue reading "Shoulder Dystocia: An ever-changing landscape"
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Paul Jones discusses the degree judges are bound by the approved costs budget ‘Budgets are intended to provide a form of control rather than a licence to conduct litigation in an unnecessarily expensive way.’ Costs budgets were a central pillar of Lord Justice Jackson’s civil litigation reforms with the stated intention that they would deliver …
Continue reading "Costs: Costs management and detailed assessment"
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Philippa Barton investigates the risks and pitfalls of sending damages to vulnerable clients ‘If there is any risk the client may not be able to manage the damages award in their own best interests, the first step is to obtain a formal assessment of capacity.’Most personal injury practitioners will at some time or another act …
Continue reading "Damages Awards: Keeping it in control"
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The High Court has ruled that a claimant’s part 36 offer was a counter offer, consequently an earlier without prejudice offer was no longer open for acceptance. Gemma Witherington reports ‘It has long been the position that, unless it is withdrawn, a Part 36 offer can be accepted notwithstanding any prior rejection or counter offer.’In …
Continue reading "Settling Claims: Counting the cost of rejection"
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Contributory negligence; Occupiers Liability Act 1984; dangerous state of premises ‘Judge Gore QC also concluded that while the defendant was not obliged to fit railings it had been under an obligation to warn users of the “dangerously low parapet”.’On the 10 September 2010, while wheeling his bicycle across an ornamental footbridge in one of the …
Continue reading "Case Report: Edwards v London Borough of Sutton [2016] EWCA CIV 1005]"
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