February 2016 #142 – Law Journals

Psychiatric Damage: Problems for claimants

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 …

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Product Liability: E-cigarettes – risks and unintended consequences

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 …

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Mesothelioma: Rex, asbestos and the de minimis rule

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 …

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Medical Negligence: The care that would have been needed in any event

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 …

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Costs: Equitable intervention in legal costs

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 …

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Case Report: Ghising v Secretary of State for the Home Department [2015] EWHC 3706 (QB)

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 …

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Mental Health: Pre-emptive and tactical action in stress at work claims

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 …

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