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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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What are the implications of the reversal by the Court of Appeal of the decision in Reaney v University Hospital of North Staffordshire? Julian Matthews considers the ramifications ‘In relation to the issue of causation, the Master of the Rolls emphasised that the important issue was whether the nature of the care required absent the …
Continue reading "Causation Of Loss: A question of care"
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Expert evidence; road traffic accident; motorist duties; accident mathematics ‘This case highlights the difficulties faced by a party who relies solely on accident reconstruction evidence in a road traffic case.’At approximately 6pm on 12 January 2010 the claimant, Mr Horner, was struck by the Miss Norman’s vehicle as he was crossing the westbound carriageway of …
Continue reading "Case Report: Stephen Horner (by his litigation friend Kirsty Askey) v Emma Jane Norman [2015] EWCA Civ 1055"
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Peter Stewart highlights the important distinction between statutory negligence and strict liability following section 69 of the Enterprise and Regulatory Reform Act 2013 ‘Section 69 considers that it is no longer “just” for employers to be liable in the absence of fault. Justice, however, is a double-edged sword.’Under s69(3) Enterprise and Regulatory Reform Act 2013, …
Continue reading "Injury At Work: Fault in the wound"
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Hannah Saxena examines the ability of the court to set aside qualified one-way costs shifting ‘You might have thought that with an entirely new phrase being added to our vocabulary, with potentially serious consequences, that guidance would be forthcoming with exactly what was intended by the phrase fundamental dishonesty.’ Two and a half years ago …
Continue reading "Fundamental Dishonesty: The truth of the matter"
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Holly Tibbitts considers what lawyers can do to minimise the effect of the government’s latest assault on civil justice. ‘Fee remission is available only to those liable to pay court fees. If a CFA is in place which requires the claimant to meet the cost of disbursements, then there should be no issue with gaining …
Continue reading "Enhanced Court Fees: Mitigating the impact"
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Nicholas Baldock discusses the factors courts take into account when considering chronic pain claims ‘Claimants should be warned of the dangers of exaggerating any element of their claim and client care letters may need to spell out those dangers as diplomatically as possible.’Whether acting for the defendant or claimant, chronic pain cases can and do …
Continue reading "Disability: Handling chronic pain claims"
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In the second part of his article Paul Jones explains the new code system of the new bill of costs pilot scheme ‘The ultimate end-game for this initiative is to reform not just the format of the bill of costs but the way it is actually constructed and for this we have to turn to …
Continue reading "Costs: Of budgets and bills – Part 2"
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Andrew Hogan sets out the different strategies for approaching mediation ‘What is crucial is to lay the groundwork early with a detailed and reasonable offer of ADR in whatever mode is thought appropriate.’Alternative dispute resolution (ADR) is an alternative to litigation. Seen 20 years ago, as touchy-feely nonsense, ‘being nice’ to the ‘being nasty’ of …
Continue reading "Alternative Dispute Resolution: Being nice"
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