May 2014 #125 – Law Journals

Clinical Negligence: What does a clinician have to tell the patient?

Julian Matthews looks at the case law and some recent illustrations ‘The touchstone for liability in clinical negligence claims remains the Bolam test, and Chester and Birch do not warrant a wholly different approach in cases concerning advice.’ The standard of care the law requires of a doctor has become well established using the terms …

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Family Planning: Yasmin – the designer contraceptive pill, or is it?

Stephanie Prior examines a range of cases that have arisen due to issues with third-generation contraceptives ‘Doctors must take into consideration the individual patient’s risk factors before prescribing the patient a combined hormonal contraceptive pill.’ In January 2011 I was interviewed on the radio and on TV to discuss the implications of the implanon contraceptive …

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Costs: The new costs landscape – a land of confusion

Paul Jones reviews five areas still causing confusion ‘Costs which the court considers disproportionate will no longer be recoverable even if those costs were reasonably and necessarily incurred.’We are now over a year on from the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) which brought a whole raft of …

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Occupiers Liability: Voluntary risk

In the second part of his article, Christopher Jessel continues to consider injury claims which occurred on recreational land and the issues they create ‘The rules for occupiers’ liability can apply differently to open spaces used for recreation from the way they do to enclosed premises such as buildings, especially where access is not controlled …

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Compliance: Some relief from sanctions?

Laura Sylvester considers if there has been a softening of judicial approach ‘Clearly, the Mitchell case has left its mark on the legal landscape. The importance of compliance with court orders, the CPR and practice directions must not be underestimated. Ignore this at your peril.’Following the Court of Appeal’s decision in 2013, in the landmark …

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Civil Procedure Rules: Payment on account of costs – what is the right percentage?

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Robert Bourne considers a siginificant but often overlooked reform, the arrival of CPR 44.2(8) ‘The costs ordered to be paid will be those that “reflect a reasonable assessment of what was likely to be awarded.”’ In recent years it has been recognised that if a party is bound to receive a certain part of the …

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Case Report: Webley v St George’s Hospital NHS Trust and anr [2014] EWHC 299

Section 2 Mental Health Act 1983; duty of care; burden of proof ‘The case was determined based on the simple finding that the Trust, by its security personnel, failed to take reasonable steps to ensure the safety of the claimant; and that this failure caused him to suffer injury.’ The claimant sustained his head injuries …

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Capacity: When does a settlement settle nothing?

Jim Tindal summarises mental capacity, CPR 21 and Dunhill v Burgin [2014] ‘The issue at the heart of Dunhill was: what “claim” must the claimant have capacity to commence? The claim which it was wrongly believed at the time the claimant had, or the (much bigger) claim they in fact had unknown to anyone at …

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