Posted inIssue 10 Procedural

Rejection of Expert Evidence

Griffiths v TUI (UK) Ltd [2021] EWCA Civ 1442 Introduction The Court of Appeal has handed down a controversial judgment by majority on the ability of a party to invite the court to reject expert evidence, even when the point in issue has not been put to the expert in…
January 19, 2022Posted inIssue 10, ProceduralTags: ,
Posted inIssue 9 Personal injury Procedural Quantum

Proving the Dream – Evidencing Claims for Future Loss of Earnings as a Professional Footballer

TVZ v Manchester City Football Club Ltd [2021] EWHC 1179 (QB) Swansea City AFC v Owen [2021] EWHC 1539 (QB) Introduction Two recent cases highlight contrasting approaches by claimants to proving the level of earnings they could have expected to receive as professional footballers, but a generous approach by the…
July 5, 2021Posted inIssue 9, Personal injury, Procedural, QuantumTags:
Posted inIssue 9 Procedural Quantum

Interim Payments and Eeles

PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) This clear and digestible judgment from Yip J provides an excellent example of the court’s approach to applications for substantial interim payments in cases where periodical payments are…
July 5, 2021Posted inIssue 9, Procedural, QuantumTags:
Posted inIssue 8 Procedural

Anonymity Orders: An Approved Template

Anonymity orders are a routine part of the working life of those practising in the field of personal injury and clinical negligence. In 2015 the Court of Appeal in JXMX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96 clarified the basis on which anonymity was justified in cases…
April 15, 2021Posted inIssue 8, ProceduralTags:
Posted inIssue 8 Procedural

Some Procedural Issues in Brief

Jarman v Brighton and Sussex University Hospitals NHS Trust [2020] EWHC 3238 (QB) Cherian v Cambridge University Hospitals NHS Foundation Trust [2020] EWHC 3601 (QB) Taleb (A Child Proceeding by His Litigation Friend M) v Imperial College Healthcare NHS Trust [2020] EWHC 1147 (QB) When can an expert in one…
April 15, 2021Posted inIssue 8, ProceduralTags:
Posted inClinical negligence Issue 8 Procedural

When is a Claim too Stale?

Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) In this very useful judgment, the 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 error of law…
April 15, 2021Posted inClinical negligence, Issue 8, ProceduralTags:
Posted inClinical 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…
April 15, 2021Posted inClinical negligence, Issue 8, Procedural, QuantumTags:
Posted inClinical negligence Issue 6 Procedural

“What’s In a Name?” Revisited

Jones v Ministry of Defence [2020] EWHC 1603 (QB)  This article originally appeared in Issue 6 (September 2020). Those who practise in the field of serious personal injury and clinical negligence will be very familiar with the principles that govern the grant of anonymity orders. The leading authority is JXMX…
September 1, 2020Posted inClinical negligence, Issue 6, ProceduralTags: , ,
Posted inClinical negligence Issue 6 Procedural

Private International Law and Clinical Negligence

Roberts v Soldiers, Sailors, Airmen and Families Association [2020] EWHC 994  This article originally appeared in Issue 6 (September 2020). The High Court decided two preliminary issues of private international law in a claim alleging negligence of a midwife resulting in acute profound hypoxic brain injury at a hospital in…
September 1, 2020Posted inClinical negligence, Issue 6, ProceduralTags: , ,
Posted inClinical negligence Issue 6 Procedural

A Lack of Expert Evidence: When to Strike Out?

Quaatey v Guy's & St Thomas' NHS Foundation Trust [2020] EWHC 1296 (QB)  Magee v Willmott [2020] EWHC 1378 (QB)  This article originally appeared in Issue 6 (September 2020). Introduction  “I eventually became proud of my strikeouts, because each one represented another learning experience.” – Willie Stargell, World Series Major League…
September 1, 2020Posted inClinical negligence, Issue 6, ProceduralTags: ,