Posted inClinical negligence Costs Issue 5

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…
May 1, 2020Posted inClinical negligence, Costs, Issue 5Tags: 1 Comment
Posted inCosts Issue 5

“The Race Is Not (Yet) To The Swift”: With Apologies to Ecclesiastes 9:11

Swift v Carpenter [2020] EWCA Civ 165 This article originally appeared in Issue 5 (May 2020). So Swift v Carpenter rumbles on. The restrictions imposed during the Covid-19 pandemic have meant that the adjourned appeal of 24 July 2019, due for hearing on 23 March 2020 and listed for four…
May 1, 2020Posted inCosts, Issue 5
Posted inClinical negligence Costs Court of Protection Inquests Issue 5 Personal injury Procedural Public Quantum Regulatory

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…
May 1, 2020Posted inClinical negligence, Costs, Court of Protection, Inquests, Issue 5, Personal injury, Procedural, Public, Quantum, RegulatoryTags:
Posted inCosts Issue 4

QOCS and Mixed Claims

Brown v Commissioner of Police for the Metropolis [2019] EWCA 1724  This article originally appeared in Issue 4 (March 2020). The Court of Appeal has clarified that if proceedings involve a claim for damages for personal injury together with a non-personal injury claim, the costs protection under the qualified one-way…
March 1, 2020Posted inCosts, Issue 4Tags:
Posted inAbuse/Child Abuse Clinical negligence Costs Court of Protection Inquests Issue 4 Procedural Quantum Regulatory

In Brief – March 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 4, March 2020. Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1 – Privy Council decision considering whether…
March 1, 2020Posted inAbuse/Child Abuse, Clinical negligence, Costs, Court of Protection, Inquests, Issue 4, Procedural, Quantum, RegulatoryTags:
Posted inClinical negligence Costs Issue 2

Recoverability of ATE Premiums

Suzanne West v Stockport NHS FT and Demouilpied v Stockport NHS FT [2019] EWCA Civ 1220  This article originally appeared in Issue 2 (July 2019). In these conjoined appeals the Court of Appeal (Sir Terence Etherton MR, Irwin and Coulson LJJ) have taken the opportunity to deal with a number…
July 27, 2019Posted inClinical negligence, Costs, Issue 2Tags: No Comments
Posted inClinical negligence Costs Issue 2 Personal injury Quantum

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…
July 1, 2019Posted inClinical negligence, Costs, Issue 2, Personal injury, QuantumTags: ,
Posted inClinical negligence Costs Court of Protection Inquests Issue 2 Procedural Public Quantum Regulatory

In Brief – July 2019

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 2, July 2019. ARB v IVF Hammersmith Limited [2018] EWCA Civ 2803 - On 17 July 2019, the Supreme Court refused to grant permission…
July 1, 2019Posted inClinical negligence, Costs, Court of Protection, Inquests, Issue 2, Procedural, Public, Quantum, RegulatoryTags: