This category can only be viewed by members.
Rebecca Jones outlines Mr Brian Kite v The Phoenix Pub Group (2015) where the judge had to decide if a claimant’s application was fair ‘The QOCS regime provides a wealth of untested areas open to exploration by parties to a dispute, the effect of which is the inevitable rise in satellite litigation as we get …
Continue reading "QOCS Exceptions: The tactical use of a notice of discontinuance"
This post is only available to members.
Bill Braithwaite offers a round-up of some notable recent cases in personal injury law ‘There should always be good reasons for a claimant to choose a more expensive option, and it will make life easier for all if those reasons are explained to the insurer.’ As we approach the end of the year I thought …
Continue reading "Advocate’s Advice: Be prepared"
This post is only available to members.
In part two of his article Steven Akerman continues his assessment of section 57’s incompatibility with human rights ‘It seems abundantly clear that the current state of the court’s opinion is that a claim will only be forfeited if the whole claim is tainted to the point that a finding at trial would be unsafe …
Continue reading "Human Rights: The limits of striking out powers"
This post is only available to members.
George Ampat sets out issues surrounding consent between vulnerable patients and an enthusiastic doctor ‘As the law stands, it is legal for surgery to proceed with an informed consent from the patient, and the opinion of only one doctor. A mandatory second professional opinion from another surgeon in the field would be a very positive …
Continue reading "Consent: Getting a second opinion"
This post is only available to members.
Stephanie Prior considers the effect of recent government cuts and the consequential delay and cost for claims ‘It is now becoming a difficult and often impossible task explaining the process to the client, the reason for the courts delays, the reasons for delays in the litigation and the reason for the deduction of costs from …
Continue reading "Procedure: The highs and lows of civil litigation"
This post is only available to members.
Julian Matthews looks at the recent case law on psychiatric injury for nervous shock, where there appears to have been a tightening of the relevant control mechanisms ‘Cases of clinical negligence present particularly difficult problems. The factual background of cases can be very different and often quite complex. The nature and timing of the “event” …
Continue reading "Nervous Shock: Secondary victims of clinical negligence"
This post is only available to members.
Paul Jones discusses the application of qualified one-way costs shifting in a case concerning pre-commencement funding arrangements ‘Given that the new rules prohibited the claimant from being able to recover her additional liabilities in these proceedings, she should also get the benefit of QOCS and not be liable for the defendant’s costs of those proceedings.’ …
Continue reading "Costs: QOCS"
This post is only available to members.
Liability in negligence for the mentally ill; the duty and standard of care applicable ‘The criminal justice system as a whole is far more sensitive to mental illness. However, civil liability has different considerations at stake.’The claimant (C) was a young man who sustained extreme burns as a result of the actions of his uncle …
Continue reading "Case Report: Dunnage v (1) Randall (2) UK Insurance Limited [2015] EWCA Civ 673"
This post is only available to members.
Kim Harrison explains the importance of the Human Rights Act in neglect and sexual exploitation cases ‘In this case, the court was forced to consider the competing human rights of both sides, weigh up and balance whose rights should be paramount, and clearly came down on the side of protecting of this vulnerable child and …
Continue reading "Abuse: Protecting children with the help of the Human Rights Act"
This post is only available to members.
Andrew Bennetts sets out the issues surrounding the recovery of costs for coroner inquests ‘The issue of recovery of the costs of an inquest remain far from clear cut. What is not in dispute is that the costs of attending the inquest are recoverable.’The costs of an inquest within civil proceedings has long been an …
Continue reading "Inquests: It’s a prong story"
This post is only available to members.
