Posted inCosts Issue 10

Third Party Costs Orders and Experts

Robinson v Mercier, Liverpool County Court [2021] 9 WLUK 400 The Court made a Third Party Costs Order (“TCPO”), in the sum of £50,543.85, pursuant to Part 46.2 and Part 46.8 CPR 1998 and Section 51 of the Senior Courts Act 1981, against Dr Mercier, General Dental Practitioner.  Dr Mercier…
January 24, 2022Posted inCosts, Issue 10Tags:
Posted inCosts Issue 10

QOCS and Set-Off

Ho v Adelekun [2021] UKSC 43 In a case to which qualified one-way costs shifting (‘QOCS’) applies, can a defendant set-off a costs order in its favour against the claimant’s costs where there is no damages award that the defendant can set-off its costs against? That was the issue which…
January 24, 2022Posted inCosts, Issue 10Tags:
Posted inAbuse / Child Abuse Issue 10

The Boundaries of Vicarious Liability for Historic Child Abuse Explored Once Again

Blackpool Football Club v DSN [2021] EWCA Civ 1352 The facts The Court of Appeal considered an appeal against a finding that a football club was liable for the sexual abuse inflicted on a 13-year-old youth player in 1987 by a volunteer scout (Mr Roper) during a tour of New…
January 24, 2022Posted inAbuse / Child Abuse, Issue 10Tags:
Posted inClinical Negligence Issue 10

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case

Hughes v Rattan [2021] EWHC 2032 (QB) In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question: was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS…
January 24, 2022Posted inClinical Negligence, Issue 10Tags: ,
Posted inClinical Negligence Issue 10

Limitation

Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 261 (QB). Aderounmu v Colvin [2021 EWHC 2293 (QB) The Facts – Wilkins Deputy High Court Judge Hermer QC determined as a preliminary issue whether the claim against the Defendant Hospital for negligently failing to treat a significant post-knee replacement…
January 19, 2022Posted inClinical Negligence, Issue 10Tags: