Posted inCosts Issue 7

Costs Update

Re PLK [2020] 9 WLUK 364 An end to the 2010 level of costs recovery set by the Guideline Hourly Rates for Costs Review is under way, some comfort in the meantime comes from Master Whalan in the SCCO in Re PLK [2020] 9 WLUK 364. For the past decade…
March 8, 2021Posted inCosts, Issue 7
Posted inCourt of Protection Issue 7

Court of Protection Update

Cumbria County Council v A [2020] EWCOP 38 Tower Hamlets LBC v PB [2020] EWCOP 34 The Court of Protection has confirmed that where a Deputy wishes to stop acting, they cannot do so by simply withdrawing their consent to act. An application to cease acting must be made to the…
March 8, 2021Posted inCourt of Protection, Issue 7Tags:
Posted inIssue 7 Personal injury

Practical Jokes and Personal Injury

Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613 (QB) If, for reasons best known to themselves, anyone were tempted to engage Spencer J in a practical joke, they may wish to take heed of the opening words of his recent personal injury appeal judgment in Chell v Tarmac…
March 8, 2021Posted inIssue 7, Personal injuryTags:
Posted inClinical negligence Issue 7

Private International Law and Clinical Negligence (Part 2)

Roberts v Soldiers, Sailors, Airmen and Families Association – Forces Help [2020] EWCA Civ 926 The Court of Appeal has confirmed that the Civil Liability (Contribution) Act 1978 (“the 1978 Act”) has extra-territorial effect and applied its limitation period to a contribution claim brought by the MOD and Soldiers, Sailors,…
March 8, 2021Posted inClinical negligence, Issue 7Tags: , ,
Posted inData and Information Issue 7

GDPR and Inaccurate Clinical Records

R (Mrs AB) v Northumbria Healthcare NHS Foundation Trust, Cumbria Northumberland Tyne and Wear Foundation Trust [2020] EWHC 2287 (Admin) HHJ Davis-White sitting as a judge of the High Court refused the Claimant’s renewed application for permission to bring a judicial review proceedings challenging the refusal to delete inaccurate information…
March 8, 2021Posted inData and Information, Issue 7
Posted inClinical negligence Issue 7

Surveillance Evidence and Fundamental Dishonesty

Wilcox v King’s College Hospital NHS Foundation Trust [2020] EWHC 2555 (QB) Garraway v Holland & Barrett Limited [2020] 3 WLUK 582 (accessible on Lawtel and Westlaw only) Two recent decisions consider the use of surveillance evidence in the context of fundamental dishonesty. Wilcox v King’s College Hospital NHS Foundation…
March 8, 2021Posted inClinical negligence, Issue 7Tags:
Posted inCosts Issue 7

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…
March 8, 2021Posted inCosts, Issue 7Tags:
Posted inInquests Issue 7

Article 2 and Police Failings

R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Admin) Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive relationships. They died in 2011 and 2006, but the man was not convicted – of murder and manslaughter respectively…
March 8, 2021Posted inInquests, Issue 7Tags: ,
Posted inInquests Issue 7

Article 2 and the Provision of Healthcare

R (Maguire) v HM Senior Coroner for Blackpool [2020] EWCA Civ 738 Where Article 2 of the Convention is invoked to allege inadequate provision of healthcare by the state, recent Strasbourg and domestic authorities suggest an increasingly restrictive approach. An expansive approach The 2015 Chamber decision of the Fourth Section…
March 8, 2021Posted inInquests, Issue 7Tags: , ,
Posted inIssue 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…
March 8, 2021Posted inIssue 7, QuantumTags: