A Review of Fundamental Dishonesty Cases in 2021

Iddon v Warner [2021] EWHC 587 (QB) Calderdale and Huddersfield NHS Trust v Metcalf [2021] EWHC 611 (QB) Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB) Michael v IE & D Hurford Ltd[2021] EWHC 2318 (QB) Mustard v Flower & Ors [2021] EWHC 846 (QB)…

When is a Claim too Stale?

Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) In this very useful judgment, Saini J restated the relevant legal principles in relation to the exercise of discretion under section 33 of the Limitation Act 1980 (“the Act”) and held that there was no error of law…

Fundamental Dishonesty Removes Costs Protection

David Pegg v (1) David Webb (2) Allianz Insurance PLC [2020] EWHC 2095 (QB) Introduction Martin Spencer J held that a judge had erred in dismissing a personal injury claim but not finding that the Claimant had been fundamentally dishonest and, given the finding of fundamental dishonesty, CPR Rule 44.16…

Being BAME is a Major Risk Factor for Dying of Covid-19 – What Can Be Done About It?

Introduction  This article originally appeared in a Covid-19 Special Issue (July 2020). The Public Health England (“PHE”) review into the disparities in risks and outcomes of COVID deaths was published on 3 June 2020. It was intended to address increasing concerns, notably voiced by the British Medical Association, about the…

Wasted Costs Arising from an Expert’s Breach of Duty

Thimmaya v Lancashire NHS Foundation Trust [2020] PNLR 12  This article originally appeared in Issue 5 (May 2020). An expert witness had failed to fulfil his duty to the court under CPR 35 to provide competent expert evidence and therefore a wasted costs order was made against him for the…

Damages for the Cost of Surrogacy

Whittington Hospital NHS Trust v XX [2020] UKSC 14  This article originally appeared in Article 5 (May 2020). In a majority decision, the Supreme Court has confirmed that a claimant is entitled to recover as damages not only the costs of surrogacy using her own eggs, but also the costs…

Covid-19 and Immigration Detention Centres

At the start of the year, some 1,200 immigrants were being held in immigration detention in the UK. The power to detain immigrants is separate from detention of individuals as part of a criminal sentence. There is a presumption against detention of immigrants, and immigration detention can only be in…

Issues in Litigating Informed Consent Claims

Johnstone v NHS Grampian [2019] CSOH 90  This article originally appeared in Issue 4 (March 2020). The Outer House of the Court of Session found that the Pursuer/Claimant (“J”) had given informed consent to the transsphenoidal surgery he underwent and dismissed J’s claim for damages brought against the health authority. …

Dishonesty – Serious Professional Misconduct

Collen Nkomo v General Medical Council [2019] EWHC 2625 (Admin)  This article originally appeared in Issue 3 (November 2019). The High Court dismissed an appeal of a locum general practitioner against the decision of the Medical Practitioners Tribunal (“the Tribunal”) erasing his name from the register of medical practitioners.  Background …

Fundamental Dishonesty

This article originally appeared in Issue 2 (July 2019). Introduction  There are two separate and distinct regimes relating to fundamental dishonesty in litigation which have been available in personal injury claims since 2013. However, in the last year or two, there has been increasing attention focused on the perils and…