Posted inIssue 3 Procedural

Failure to Serve a Defence on Time and Relief from Sanctions

Kember v (1) Croydon Health Services NHS Trust (2) King’s College Hospital NHS Foundation Trust [2019] EWHC 2297 (QB)  This article originally appeared in Issue 3 (November 2019). Background  Proceedings were issued on 6 June 2018 and served on 28 September 2018 following a limitation extension. The Defence was due…
November 1, 2019Posted inIssue 3, ProceduralTags:
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…
July 1, 2019Posted inIssue 2, Personal injury, ProceduralTags: ,
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:
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…
May 1, 2019Posted inClinical Negligence, Issue 1, Personal injury, ProceduralTags: ,
Posted inClinical Negligence Issue 1 Procedural

Interim Payments and Eeles

Farrington v Menzies-Haines [2019] EWHC 1297 This article originally appeared in Issue 1 (May 2019). This was a brain injury claim following an RTA. Liability, subject to an argument on contributory negligence, was admitted. As to causation, the Defendant disputed the extent to which the Claimant’s injuries were attributable to…
May 1, 2019Posted inClinical Negligence, Issue 1, ProceduralTags:
Posted inClinical Negligence Issue 1 Procedural Regulatory

Anonymity orders

Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB) This article originally appeared in Issue 1 (May 2019). Spencer J refused an application for an anonymity order by the Claimant, who had suffered a stillbirth and psychiatric injury and was bringing a clinical negligence claim against the…
May 1, 2019Posted inClinical Negligence, Issue 1, Procedural, RegulatoryTags: , , ,