December 2017/January 2018 #161 – Law Journals

QOCS And Set-Off: In the balance

Paul McGrath highlights when defendants should consider obtaining an order and/or assessment of costs ‘The power to order a set-off was available against damages and costs and was “no different from and no more extensive than the set-off available to or against parties who are not legally aided”.’ Where the standard provisions of QOCS apply, …

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Case Report: Shaw v Kovac & anor [2017] EWCA Civ 1028

Measure of damages for wrongful invasion of personal autonomy; compensation; cause of action; recusal; alleged bias ‘The claimant argued that there is emphasis on the right of the patient not to be subject to treatment “interfering with [their] bodily integrity” without their informed consent and emphasis on the proposition that due protection should be given …

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Conduct: Hoisted by their own petard?

In the first of two articles, Suzanne Chalmers and Jack Macaulay explore the current law relating to claimants’ illegality and dishonesty ‘The essential rationale of the doctrine of illegality was that it would be contrary to the public interest to enforce a claim if to do so would be harmful to the integrity of the …

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Sexual Abuse Claims: A new boundary for vicarious liability?

Lawrence Caun considers the implications after Barclays Bank was held liable for a GP’s historic sex abuse ‘In assessing whether it was fair, just and reasonable to impose liability on the bank, many judges may not have found it difficult to conclude that Dr Bates’ actions in undertaking the medical examinations were entirely in pursuit …

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Dishonesty: Truth, lies, exaggeration and the judicial crucible

Liam Ryan reviews the recent decision of Fletcher v Keatley and how a court should, and can, approach a claim for psychiatric injury where a claimant has been found to have purposefully exaggerated their symptoms ‘A judge doesn’t need to be bound unequivocally to one party’s expert evidence (although it will always be persuasive) and …

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Travel: Wish you weren’t here? Quantifying holiday claims

In part one of a two-part consideration, Kirsty McKinlay and Amy Rollings examine damages recoverable from package holidays ‘Holiday claims are an exception to the general rule that in a contract claim, a claimant can be compensated for the “disappointment, the distress and the upset and frustration caused by the breach”.’ Recent stories of Ryanair …

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Costs: The limits of dishonesty

Paul Jones looks at the effect of fundamental dishonesty on QOCS ‘A claimant who brings an unsuccessful personal injury claim will only lose their protection against adverse costs if they have passed beyond dishonesty into the murkier realms of “fundamentally dishonest”.’ The American lawyer Clarence Darrow (most famous for his role in the Scopes Monkey …

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Fatal Accidents Act: Is it time for a change?

Stephanie Prior reports on whether cohabitees are at a disadvantage claiming damages ‘The law remains unchanged. Cohabitees who have a tie of love and affection for each other, and live together for over two years at the time of their partner’s death, are precluded from being awarded bereavement damages.’ There is no remedy for dependants …

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