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Christopher Kennedy QC considers the principles behind the notion of ‘full compensation’ in cases involving serious personal injury and how they have been applied ‘What sounds perfectly straightforward in the judgment of an eminent jurist can appear more challenging when considering the messy facts of an individual case.’The phrase ‘restitutio in integrum’ means restoration to …
Continue reading "Restitutio In Integrum: ‘What’s done cannot be undone’"
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Sophie Beesley highlights the development of the ‘reasonable patient’ in recent cases concerning patient consent ‘Patients should not be bombarded with information, but helped to understand what matters or is likely to matter to them as individuals, beyond the pure percentages of risk. Dialogue is key.’ Consent to medical treatment is only valid if it …
Continue reading "Treatment: Life after Montgomery"
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Landlords’ liability; injuries arising out of latent defects ‘Section 4(4) did not create a form of strict liability. It extended the application of s4(1) to relevant defects which were otherwise outside its scope, and remained subject to the requirement of s4(2).’ This important case resolves (for the time being at least) the question of whether …
Continue reading "Case Report: Lafferty v Newark and Sherwood DC [2016] EWHC 320 (QB)"
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The material contribution test for causation in clinical negligence has been maintained and clarified following Williams and John. Suzanne Farg reports ‘The defendant appealed to the Privy Council on the basis that the Court of Appeal had been “led into error by a misinterpretation of ‘material contribution’ as sufficient for the purposes of causation.”’The recent …
Continue reading "Clinical Negligence: Delay of reckoning"
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Andrew Mckie examines the Enterprise and Regulatory Reform Act (ERRA) 2013 and the impact of the Small Claims Track (2017) ‘Claimant lawyers will now have to be more careful than ever to show there has been a breach of duty of the common law duty of care and that breach caused the accident.’ It may …
Continue reading "Breach Of Duty: Employer’s liability claims post Jackson"
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Bill Braithwaite QC highlights a judgment with clear findings on causation and material contribution ‘A claim will fail if the most that can be said is that the claimant’s injury is likely to have been caused by one or more of a number of disparate factors, one of which was attributable to a wrongful act …
Continue reading "Advocate’s Advice: Keeping it simple"
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The threshold for liability in negligence of a mentally or physically impaired tortfeasor has recently been clarified in the Court of Appeal decision in Terry Dunnage v (1) Randall (2) UK Insurance Limited [2015]. David Roderick reports ‘The medical evidence had clearly established that V’s actions had not been intended, deliberate, wilful, malicious or reckless.’The …
Continue reading "Tortious Liability: An ‘ordinary unwell man’?"
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In the second part of this article, Martin Littler suggests safeguards and amendments to CPR in order to ensure that such cases are streamlined and properly tracked ‘In cases involving fundamental dishonesty and fraud the real threat of an adverse costs order should be a Sword of Damocles for both parties.’ We saw in part …
Continue reading "Fundamental Dishonesty: A forecast for fraud – and a chance of meatballs"
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Paul Jones explains the importance of a recent conjoined appeal regarding Part 36 offers ‘A claimant who made a Part 36 offer which they later bettered was entitled to indemnity basis costs for the period after expiry of the relevant period and this was not limited in any way by reference to the fixed costs …
Continue reading "Costs: Fixed costs or not fixed costs?"
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Luka Krsljanin explores cases that highlight the exceptions to the default QOCS rules ‘In many cases, the application of the QOCS rules will have stark consequences for a successful defendant – and beneficial ramifications for the unsuccessful claimant.’ This article provides a practical guide to the cases in which courts have considered when the protection …
Continue reading "Fraud: QOCS and fundamental dishonesty"
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