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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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James Counsell and Ben Bradley discuss the legal implications of the decision in A v The Trustees of the Watchtower Bible and Tract Society [2015] and some practical learning points arising from their involvement in the case ‘The duty of care in any safeguarding claim is likely to turn upon the issue of the assumption …
Continue reading "Abuse: Is vicarious liability really ‘on the move’?"
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Bill Braithwaite sets out the optimum management of a catastrophic injury claim and the impact on recoverable costs ‘Unless the insurers are genuinely co-operating, it may be necessary to apply for an interim payment, which can involve very significant evidence; that may suggest a conference with counsel, half a dozen experts, several lay witness statements, …
Continue reading "Advocate’s Advice: Case planning"
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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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