Posted inPersonal injury Special Issue

PPE Provision

One of the totemic issues that has emerged over recent weeks as part of the COVID-19 pandemic is the provision of ‘appropriate’ and ‘sufficient’ Personal Protective Equipment (“PPE”), above all to those providing hands-on care to patients in hospital and to residents in care homes.  Leaving aside criminal liability for…
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Posted inIssue 4 Personal injury

When Medical Technology Goes Wrong

Hastings v Finsbury Orthopaedics Ltd and Stryker UK Ltd [2019] CSOH 96  This article originally appeared in Issue 4 (March 2020). Modern medicine increasingly makes use of sophisticated technology, from algorithms for assisting in diagnosis to robots for surgical procedures. But what happens when the technology goes wrong; who is…
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Posted inIssue 2 Personal injury Procedural

Bespoke Life Expectancy Evidence

Dodds v Arif & Anor [2019] EWHC 1512 (QB)  This article originally appeared in Issue 2 (July 2019). The court refused a Defendant’s application at a CMC to admit evidence from an expert specifically in the field of life-expectancy statistics and calculations. It provided guidance as the types of cases…
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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…
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Posted inClinical Negligence Issue 1 Personal injury Procedural

In Brief – May 2019

In each issue, where we can't cover cases in full, we attempt to cover them in brief. Below are cases covered in brief in Issue 1, May 2019. Diamond v Royal Devon and Exeter NHS Foundation Trust [2019] EWCA Civ 585 - Informed consent - concerns: (a) principles applicable to appeals…
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