Advocate’s Advice: Clinical negligence review

Exchange Chambers | September 2017 #158
Bill Braithwaite QC analyses the most important cases of the year ‘A report setting out a diagnosis without any recommendation for treatment or any further diagnostic procedure is far from what McNair J had in mind when he directed the jury in Bolam.’ Although I only do clinical negligence claims involving the brain or spine, I …

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Negligence: Standard of care

7 Bedford Row | September 2017 #158
Julian Matthews examines how the seniority of the practitioner affects medical claims ‘The skills exercised by doctors of different seniority and experience in relation to history-taking will be very variable.’ While it is trite law that the standard of care to be expected from a learner driver is the same as for any other driver, …

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Amputations: Prosthetic provisions

Pace Rehabilitation | September 2017 #158
Jamie Gillespie shares his experiences of trends related to lower limb amputation within the UK and relevant issues when considering this head of damage ‘Independent peer-reviewed evidence supporting new technology is often limited at the time of its introduction. This tends to follow several years later, making justification of new technology difficult.’ An amputation or …

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Punitive Damages: Perception and reality

University of Oxford | September 2017 #158
James Goudkamp and Eleni Katsampouka provide an in-depth guide to punitive damages ‘The complaint that punitive damages awards are excessive seems to be unjustified.’ Compensatory damages are awarded to compensate the claimant for loss suffered. By contrast, punitive damages are awarded in order to punish the defendant for his or her contumelious disregard of the …

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Costs: A troublesome transition

QM Legal Costs | September 2017 #158
Paul Jones reports on the timing of conditional fee agreements and the application of QOCS ‘The defendant submitted that the claimant was seeking to change the wording of the transitional provision from “pre-commencement funding arrangement” to “unterminated pre-commencement funding arrangement” when there was no justification for the same.’ Transition between legislation is always troublesome. When …

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Case Report: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) (Part 1)

12 King’s Bench Walk (Chambers of Paul Russell QC) | September 2017 #158
Stress at work, psychiatric injury, disciplinary investigations ‘The judge found that the reasons given for the delay following the discontinuance of the police investigation against the claimant were unjustified and there was no consideration of its effect on the claimant’s health.’ Following a 15-day trial before Thirlwall LJ (as she now is; she was promoted …

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QOCS: Discrimination claims in the civil courts

Farrar’s Building | September 2017 #158
Huw Davies considers whether an injury to feeling is sufficient to trigger QOCS protection ‘That there is a distinction in kind between a personal injury and an injury to feelings is evidenced by the fact that it is clearly recognised that claims for both types of injury can be brought in the same action.’ While …

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