Posted inIssue 11 Quantum

Damages: Adequacy of State-Funded Package of Care

Martin v Salford Royal NHS Foundation Trust [2021] EWHC 3058 (QB) Introduction The Claimant in Martin suffered a sub-trochanteric stress fracture to the right proximal femur in the shower whilst undergoing inpatient mental health treatment at Prestwich Hospital. The fracture is of a kind which is spontaneous, rather than arising…
May 24, 2022Posted inIssue 11, Quantum
Posted inIssue 10 Quantum

Quantum: Contrasting Outcomes in Two Fatal Accident Cases

Chouza v Martins and others [2021] EWHC 1669 (QB) Steve Hill Ltd v Witham [2021] EWCA Civ 1312 Although very different cases on the facts, these two recent judgments show the risks involved in litigation. Chouza shows the danger that having heard the evidence, a judge might accept almost the…
January 19, 2022Posted inIssue 10, QuantumTags:
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 Quantum

Quantum: Future Loss of Earnings / Dependency in Family Business Cases

Rix v Paramount Shopfitting Co Ltd [2020] EWHC 2398 (QB) Head v Culver Heating Co Ltd [2021] EWCA Civ 34 These two recent cases illustrate the complexities that can arise in a situation where the injured (or deceased) person has (or had) his or her own business, with income both…
April 15, 2021Posted inIssue 8, QuantumTags: ,
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 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:
Posted inQuantum Special Issue

Accommodation Claims – Swift v Carpenter

Swift v Carpenter [2020] EWCA Civ 1295 The Issue on the Appeal Whether an award should be made to the Claimant to fund the additional capital cost required by the Claimant to purchase suitable accommodation for her disabled needs. The trial judge (Mrs Justice Lambert) found that the Court was…
October 9, 2020Posted inQuantum, Special IssueTags:
Posted inIssue 5 Quantum

PSLA in St Helena

Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1  This article originally appeared in Issue 5 (May 2020). This case arose out of two actions for damages for personal injury brought against a doctor employed on the island of St Helena (in the South Atlantic…
May 1, 2020Posted inIssue 5, Quantum
Posted inClinical negligence Issue 5 Quantum

Damages for the Cost of Surrogacy

Whittington Hospital NHS Trust v XX [2020] UKSC 14  This article originally appeared in Article 5 (May 2020). In a majority decision, the Supreme Court has confirmed that a claimant is entitled to recover as damages not only the costs of surrogacy using her own eggs, but also the costs…
May 1, 2020Posted inClinical negligence, Issue 5, QuantumTags: