Lizanne Gumbel KC, Author at The QMLR Archive

Tax on an Award of Damages

Manuel Mathieu v Tony Martin Hinds, Aviva Plc [2022] EWHC 924 (QB) Background The Claimant was injured when he was aged 29. At the time of his injury he was studying for a Masters’ degree in Fine Art at Goldsmiths College, London. He was crossing a road in Lewisham at…

By May 2, 2023Issue 12, Personal injurytax

Costs Issue 12

Variable PPOs and No Award of Costs of a PI Trust for a Claimant with Capacity

Celine Martin (formerly known as Vicky Kathleen Higgins) v Salford Royal NHS Foundation Trust [2022] EWHC 532 This is a clinical negligence case arising out of the treatment of the Claimant at Salford Royal Hospital (known as Hope Hospital) in the summer of 2010. The litigation has resulted in three…

By May 2, 2023Costs, Issue 12PI trust, PPO

Clinical negligence Issue 11

Primary Victims

Andrew Turton v Clinton Devon Farms Partnership (County Court (Exeter)) [2021] 6 WLUK 718 Following the decision of the Court of Appeal in the joined cases of Paul v Royal Wolverhampton NHS Trust, Polmear v Royal Cornwall Hospital NHS Trust, Purchase v Ahmed [2022] EWCA Civ 12 (see Jo Moore’s…

By May 24, 2022Clinical negligence, Issue 11primary victims, psychiatric injury

Clinical negligence Issue 10

Resiling from an Admission in a Pleaded Defence

James Dulson v Svitlana Popovych [2021] EWHC 1515 (QB) This decision of Deputy High Court Judge Lickley QC arose in the context of an application by a Defendant, who was a registered nurse practitioner, to resile from an admission of breach of duty made in a defence. The application was…

By January 19, 2022Clinical negligence, Issue 10Breach of duty

Clinical negligence Issue 8 Procedural Quantum

Contested Interim Payment Applications and Why to Avoid Them

Carl Duffy v Centraal Beheer Achmea [2020] EWHC 3341 Interim payment applications in clinical negligence and other personal injury cases are a prolific area of contested litigation. It is surprising how often an interim payment cannot be agreed. It is probably partly because applications need to be made urgently to…

By April 15, 2021Clinical negligence, Issue 8, Procedural, QuantumInterim payment

Issue 7 Quantum

Swift V Carpenter – Questions and Observations

Swift v Carpenter [2020] EWCA Civ 1467 Days after the judgment in Swift v Carpenter was handed down, Lizanne Gumbel QC (“EAG QC”) and John Whitting QC (“JW QC”) of 1 Crown Office Row gave a webinar in which they talked through some questions arising out of the judgment and…

By March 8, 2021Issue 7, Quantumaccommodation

Quantum Special Issue

Accommodation Claims – Swift v Carpenter

Swift v Carpenter [2020] EWCA Civ 1295 The Issue on the Appeal Whether an award should be made to the Claimant to fund the additional capital cost required by the Claimant to purchase suitable accommodation for her disabled needs. The trial judge (Mrs Justice Lambert) found that the Court was…

By October 9, 2020Quantum, Special Issueaccommodation

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