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Edward Bishop QC sets out cases that demonstrate the instances in which a secondary victim claim might be successful ‘Claimants advisers must be alert to the need for psychiatric experts to attribute recognised illness to the shock of seeing a horrific event, rather than other factors.’Claims for damages for psychiatric illness suffered by those who …
Continue reading "Psychiatric Damage: Problems for claimants"
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With new research and warnings being released, possible liability issues are starting to emerge. Chris Fletcher reports ‘Even if it can be assumed that claimants would, in due course, be able to show a breach of duty (which is by no means certain) there is still the issue of how the court would approach the …
Continue reading "Product Liability: E-cigarettes – risks and unintended consequences"
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John McDonald discusses what is meant by a material increase in risk after exposure to asbestos ‘The issue of what is de minimis is a question of fact for determination by the trial judge, rather than purely a matter of medical evidence.’Many of you will know the limerick which goes as follows: There was a …
Continue reading "Mesothelioma: Rex, asbestos and the de minimis rule"
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Emma Zeb and Glyn Edwards consider the Court of Appeal decision in Reany v University Hospital of North Staffs NHS Trust [2015] and the impact this has on care and medical treatment claims ‘The question of whether or not the claimant would have paid for the care package received on a ‘but for’ basis is …
Continue reading "Medical Negligence: The care that would have been needed in any event"
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Paul Jones reflects on a case where an insurer attempted to side step a claimant’s claim ‘While the court accepted that the individual claimants’ liability to their solicitor was nil and, therefore, there was no lien to protect, the court held the claimant solicitors had an entitlement in their own right to be paid costs …
Continue reading "Costs: Equitable intervention in legal costs"
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CFAs; retrospective recoverability of success fees; back-dating ‘Notwithstanding that inter partes uplift is irrecoverable under the large majority of retainers entered after March 2013 (ie ‘pre-Jackson’), there are potential wider implications in this decision.’This costs appeal is notable for the relatively benign approach taken to a retrospective CFA. Facts The claimant took part in group …
Continue reading "Case Report: Ghising v Secretary of State for the Home Department [2015] EWHC 3706 (QB)"
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Liam Ryan examines the overlap between employment and personal injury law in stress at work cases ‘A claimant, through utilising the Equality Act 2010 in order to place their employer on notice of the danger and risk they face of psychiatric injury, legitimately seeks the assistance they need to manage their psychiatric condition for their …
Continue reading "Mental Health: Pre-emptive and tactical action in stress at work claims"
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A new motor insurance agreement has come into force after a government consultation. Andrew Baker reports on the implications ‘The new Uninsured Drivers’ Agreement is generally much simpler to understand, less cumbersome and will present much less of a potential minefield for the unwary claimant representative.’Since September 2014 there have been a series of significant …
Continue reading "Compensation: Uninsured Drivers’ Agreement 2015"
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Paul Jones outlines a case where the claimants’ fees were challenged due to a disagreement over complexity and proportionality ‘The way in which the new proportionality regime is being applied is causing concern to many practitioners and this is a clear case in point.’Two of the recurring themes of the Jackson reforms are proportionality and …
Continue reading "Costs: Clinical negligence costs: let battle commence"
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Nicola Hall examines Montgomery v Lanarkshire Health Board [2015] which updates the court’s approach to medical practitioners’ duty of advice to patients ‘This development has brought the law in line with General Medical Council (GMC) Guidance to doctors on consent and places more weight on the wishes of a competent patient regarding medical treatment and …
Continue reading "Consent On Medical Treatment: Time for change?"
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