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…

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…

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…

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…

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…