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Damages for the Failure to Obtain Informed Consent? - Nicholas Pilsbury, Hailsham Chambers

Damages for the Failure to Obtain Informed Consent? - Nicholas Pilsbury, Hailsham Chambers

18/08/17. When a doctor fails to obtain a patient’s informed consent to an operation, should damages be awarded for that failure to obtain cons...

Emerging Issues in Holiday Sickness Claims - James Beeton, 12 King’s Bench Walk

Emerging Issues in Holiday Sickness Claims - James Beeton, 12 King’s Bench Walk

12/08/17. It is now 7 months since the Court of Appeal’s decision in Wood and Anor v TUI Travel Plc (t/a First Choice) [2017] EWCA Civ 11 (consid...

FREE BOOK CHAPTER: What is Cosmetic Surgery? (From 'A Practical Guide to Cosmetic Surgery Claims' by Dr Victoria Handley)

FREE BOOK CHAPTER: What is Cosmetic Surgery? (From 'A Practical Guide to Cosmetic Surgery Claims' by Dr Victoria Handley)

19/07/17. Cosmetic surgery is where a person chooses to have an operation or invasive medical procedure, to change their physical appearance fo...

FREE BOOK CHAPTER: An Introduction to Housing Disrepair and Cavity Wall Claims (From 'A Practical Guide to Running Housing Disrepair and Cavity Wall Claims' by Andrew Mckie, Ian Skeate, Simon Redfearn)

FREE BOOK CHAPTER: An Introduction to Housing Disrepair and Cavity Wall Claims (From 'A Practical Guide to Running Housing Disrepair and Cavity Wall Claims' by Andrew Mckie, Ian Skeate, Simon Redfearn)

08/06/17. The 23rd February 2017 was a day that will stick in the mind of many Personal Injury Lawyers – the day we found out that the sma...

FREE BOOK CHAPTER: The Challenge: The SRA And the Compliance Agenda (from 'A Practical Guide to Compliance for Personal Injury Firms Working With Claims Management Companies' by Paul Bennett)

FREE BOOK CHAPTER: The Challenge: The SRA And the Compliance Agenda (from 'A Practical Guide to Compliance for Personal Injury Firms Working With Claims Management Companies' by Paul Bennett)

09/10/17. Compliance basics –  You may think this is obvious, but every day I advise law firms who have failed to step back and challenge their own way of working. For compli...

FREE BOOK SAMPLE: Knowledge of the Animal’s Characteristics: S.2(2)(c) Animals Act (from 'A Practical Guide to Personal Injury Claims Involving Animals' by Jonathan Hand)

FREE BOOK SAMPLE: Knowledge of the Animal’s Characteristics: S.2(2)(c) Animals Act (from 'A Practical Guide to Personal Injury Claims Involving Animals' by Jonathan Hand)

05/10/17. Paragraph (c) of s.2(2) is concerned with the keeper’s knowledge of the animal’s characteristics as identified under paragraph (b). It requires either actual knowledge ...

Frank Perry v Raleys Solicitors - Elizabeth Jones, Parklane Plowden Chambers

Frank Perry v Raleys Solicitors - Elizabeth Jones, Parklane Plowden Chambers

25/09/17. The Claimant was a miner who many years ago brought a claim, supported by medical evidence, for VWF (Vibration White Finger). In the current action the Claimant was pu...

Fire Safety - Laura Guntrip, Lester Aldridge

Fire Safety - Laura Guntrip, Lester Aldridge

23/09/17. The danger presented by fire is well known but people may be surprised by just how many fires actually take place and, in particular, how many occur in care homes.

Care...

CICA and False Claims: A Rock and a Hard Place? - Caroline Kelly, Thorntons

CICA and False Claims: A Rock and a Hard Place? - Caroline Kelly, Thorntons

17/09/17. The Criminal Injuries Compensation Authority (CICA) has been in the press on a number of occasions recently about compensation paid out to abuse victims in cases where ...

Summary of Recent Cases, September 2017

Summary of Recent Cases, September 2017

15/09/17. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Is the Criminal Injuries Compensation Scheme Fit for Purpose? - Caroline Kelly, Thorntons Law LLP

Is the Criminal Injuries Compensation Scheme Fit for Purpose? - Caroline Kelly, Thorntons Law LLP

14/09/17. I wrote earlier this year in the Journal of the Law Society Of Scotland about the sad case of Criminal Injuries Compensation Authority v First Tier Tribunal (Social Ent...

W v Sanofi Pasteur MSD, European Court of Justice, Judgment 21st June 2017 - Peter Todd, Hodge Jones & Allen

W v Sanofi Pasteur MSD, European Court of Justice, Judgment 21st June 2017 - Peter Todd, Hodge Jones & Allen

08/09/17. This judgment of the ECJ recently caused an outcry in certain sections of the media – it was claimed the ECJ had “opened the floodgates for spurious vaccination claims”...

The Divisibility of Psychiatric Injury and Taking the Stress Out of Apportionment - Jack Harding, 1 Chancery Lane

The Divisibility of Psychiatric Injury and Taking the Stress Out of Apportionment - Jack Harding, 1 Chancery Lane

04/09/17. Over the past 9 years personal injury practitioners who have litigated occupational stress claims will have had to grapple with an apparent inconsistency in the case la...

Editorial: Filing by Email or Fax - Aidan Ellis, Temple Garden Chambers

Editorial: Filing by Email or Fax - Aidan Ellis, Temple Garden Chambers

24/08/17. Upon emailing draft directions to a County Court recently (as requested by the Judge), I received a standard acknowledgement email which reminded me (in bold red and bl...

Stressful Times: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk

Stressful Times: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk

17/07/17. Following a 15 day trial before Thirlwall LJ (as she now is; she was promoted to the Court of Appeal during the course of the litigation) the Ministry of Justice was fo...

Review of the Latest Proposals for Fixed Costs in Clinical Negligence - Geoffrey Simpson-Scott, Simpson Millar LLP

Review of the Latest Proposals for Fixed Costs in Clinical Negligence - Geoffrey Simpson-Scott, Simpson Millar LLP

17/08/17. At p117 of his Supplemental Report on Fixed Recoverable Costs (31st July 2017), Sir Rupert Jackson recommends that fixed recoverable costs cannot simply be imposed...

Summary of Recent Cases, August 2017

Summary of Recent Cases, August 2017

15/08/17. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Hospital Misdiagnosis of Foot and Ankle Fractures - Sylvia Taylor, Tilly Bailey & Irvine

Hospital Misdiagnosis of Foot and Ankle Fractures - Sylvia Taylor, Tilly Bailey & Irvine

14/08/17. Foot and ankle injuries are a common place reason for attending the Accident and Emergency Department or Minor Injuries Unit. However, not everyone with an ankle and fo...

J C and A Solicitors Ltd v Andeen Iqbal & Another [2017] EWCA Civ 355 - Jim Knight, Harmans

J C and A Solicitors Ltd v Andeen Iqbal & Another [2017] EWCA Civ 355 - Jim Knight, Harmans

11/08/17. The Court of Appeal unanimously agreed that no obligation to repay Stage 1 fixed costs (£400 + VAT) is imposed by the RTA Protocol or by the CPR upon Protocol Claimants...

If Only I Had Known I Would Have… Consent to Medical Treatment and the Problem of Hindsight - Paul Sankey, Enable Law

If Only I Had Known I Would Have… Consent to Medical Treatment and the Problem of Hindsight - Paul Sankey, Enable Law

09/08/17. A recent decision (Lucy Diamond v Royal Devon & Exeter NHS Foundation Trust [2017] EWHC 1495 (QB)) is another example of how the law has changed following Mont...

Editorial: Striking out, Costs and QOWCS - Aidan Ellis, Temple Garden Chambers

Editorial: Striking out, Costs and QOWCS - Aidan Ellis, Temple Garden Chambers

27/07/17. Unusually, by the end of this week I will have had the pleasure of appearing in four strike out applications in a row. Many strike out applications now arise from subst...

Case Note: Battram v Dr Geoghegan - Carol Maunder, Dutton Gregory LLP

Case Note: Battram v Dr Geoghegan - Carol Maunder, Dutton Gregory LLP

24/07/17. Type of Injury: Damage to kidney function
Court title: Battram v Dr Geoghegan
Damages for pain, suffering and loss of amenity: £25,000
Total damages agreed: £41,000
Sex: Ma...

Covert Surveillance and Social Media: From Big Brother to Love Island - Robert Hunter, Devereux Chambers

Covert Surveillance and Social Media: From Big Brother to Love Island - Robert Hunter, Devereux Chambers

21/07/17. Rather like reality television, covert surveillance feels as though it has been around for a long time.

Although several of the leading cases were decided in the early n...

Experimental Medicine and Pioneering Patients - David Locke, Hill Dickinson LLP

Experimental Medicine and Pioneering Patients - David Locke, Hill Dickinson LLP

19/07/17. There are undoubtedly terminally ill patients who wish to pursue non-standard treatments in the hope of finding an unexpected cure, and there are even patients who wish...

FREE BOOK CHAPTER: The Structure Of the Care Act 2014 (from 'Introduction to the Law of Community Care in England and Wales' by Alan Robinson)

FREE BOOK CHAPTER: The Structure Of the Care Act 2014 (from 'Introduction to the Law of Community Care in England and Wales' by Alan Robinson)

06/10/17. 1. General principles –  The Act set out to regularise the confusing collection of statutes which governed community care in England, which are described above...

FREE BOOK SAMPLE: Primary Victims: Cases Involving Physical Injury (from 'A Practical Guide to Psychiatric Claims in Personal Injury' by Liam Ryan)

FREE BOOK SAMPLE: Primary Victims: Cases Involving Physical Injury (from 'A Practical Guide to Psychiatric Claims in Personal Injury' by Liam Ryan)

04/10/17. When first considering if a claim for psychiatric injury is worth perusing, it’s fair to say that a legal practitioner will rarely have all the evidence that they need ...

Scotland’s Specialised Personal Injury Court Continues to Develop Its Personality - Catriona Hepburn, Brodies

Scotland’s Specialised Personal Injury Court Continues to Develop Its Personality - Catriona Hepburn, Brodies

29/09/17. The All-Scotland Personal Injury Court (ASPIC) was created in September 2015. Recently its Sheriffs have been taking opportunities to express what they believe the fund...

What Are The Responsibilities of Volunteer Marshals? - Mike Kemp, Thorntons

What Are The Responsibilities of Volunteer Marshals? - Mike Kemp, Thorntons

20/09/17. News that the British Cycling Federation, an official and a marshal face criminal proceedings for the death of a spectator in the a Mountain Biking event in North Wales...

Misuse of Forceps Caused Severe Disability: Serious Criticisms of the Defence Run - Paul Sankey, Enable Law

Misuse of Forceps Caused Severe Disability: Serious Criticisms of the Defence Run - Paul Sankey, Enable Law

18/09/17. In a recent birth injury case (JRM v Kings College Hospital Foundation Trust [2017] EWHC 1913 (QB)) arising from the misuse of forceps, the claimant established liabili...

PI Practitioner, September 2017

PI Practitioner, September 2017

16/09/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

Claim under MIB’s Untraced Drivers Scheme subject to Qualified One Way Costs Shifting - Malcolm Johnson, BL Claims

Claim under MIB’s Untraced Drivers Scheme subject to Qualified One Way Costs Shifting - Malcolm Johnson, BL Claims

10/09/17. In Howe v Motor Insurers’ Bureau [2017] EWCA Civ 932, Mr Howe was driving a lorry in France on the 30 March 2007 when a wheel detached from a lorry in front of him. The...

Indemnity Costs in Fixed Cost Case - Jonathan Flattery, Express Solicitors

Indemnity Costs in Fixed Cost Case - Jonathan Flattery, Express Solicitors

05/09/17. Liability was denied and proceedings were issued 28th January 2016. Value was pleaded up to £5,000 so fixed costs applied.

Defendant’s Defence 22/4/16 denied and alleged...

Review of Civil Litigation Costs: Supplementary Report Fixed Recoverable Costs - Liam Ryan, 7 Bedford Row

Review of Civil Litigation Costs: Supplementary Report Fixed Recoverable Costs - Liam Ryan, 7 Bedford Row

01/09/17. Following on from his overhaul of Civil Litigation in April 2013, Jackson LJ has returned, to in his own word “ finish the job ” when dealing with the costing of Civil Liti...

PI Practitioner, August 2017

PI Practitioner, August 2017

16/08/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

A Novel Duty of Care by Geneticists to Provide Information: ABC v St. George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336 - Lawrence Caun, Lamb Chambers

A Novel Duty of Care by Geneticists to Provide Information: ABC v St. George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336 - Lawrence Caun, Lamb Chambers

15/08/17. The Court of Appeal in this case realized that it might be creating a novel duty of care in deciding that it is arguable that geneticists could be liable for a failure ...

Personal Injury Claims Involving Insolvent Defendants: Selecting the Correct Statutory Scheme - Andrew Burns QC & Jonathan Butters, Devereux Chambers

Personal Injury Claims Involving Insolvent Defendants: Selecting the Correct Statutory Scheme - Andrew Burns QC & Jonathan Butters, Devereux Chambers

13/08/17. Redman v Zurich Insurance plc [2017] EWHC 1919 (QB) analyses the circumstances in which a claim for personal injuries where an insured defendant is insolvent should be ...

Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 - Jamie Carpenter, Hailsham Chambers

Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 - Jamie Carpenter, Hailsham Chambers

10/08/17. In the 1960s Ms Catalano had been employed as cone winder in a textile factory. In 2012, she decided that she wanted to bring a claim against her former employer for de...

Rights Without Recourse? - Richard Paige, Park Square Barristers

Rights Without Recourse? - Richard Paige, Park Square Barristers

08/08/17. In the case of Shaw v Kovac & others [2017] EWCA Civ 1028 the Court of Appeal considered the question of whether a claimant could recover damages for “infringement of...

Part 36 & Late Acceptance: When Is It Unjust to Apply the Usual Order? - Fran McDonald, Old Square Chambers

Part 36 & Late Acceptance: When Is It Unjust to Apply the Usual Order? - Fran McDonald, Old Square Chambers

07/08/17. The case summary of Briggs v CEF Holdings Ltd (Court of Appeal, 13/7/17) was published on Lawtel this morning. Although it is important to bear in mind the lack of a full...

What Is a Diffuse Axonal Brain Injury And Why Is It Important to Get Early Rehabilitation - Alix Walker, Burnetts Solicitors

What Is a Diffuse Axonal Brain Injury And Why Is It Important to Get Early Rehabilitation - Alix Walker, Burnetts Solicitors

05/08/17. The brain is a relatively small part of the human body, measuring the size of about two adult fists together and weighing only 3lbs. Made up of around 75% water it cons...

Night Workers and Negligence: Do Nightshifts Cause Disease and When Are Employers Liable? - Gus Baker, Outer Temple Chambers & David Green, 12 King's Bench Walk

Night Workers and Negligence: Do Nightshifts Cause Disease and When Are Employers Liable? - Gus Baker, Outer Temple Chambers & David Green, 12 King's Bench Walk

26/07/17. There is a growing medical consensus that night-shift work is bad for your health. The disruption to circadian rhythms caused by working out of normal human waking hour...

FREE BOOK CHAPTER: The No Nonsense Gut (From 'The No Nonsense Solicitors' Practice: A Guide To Running Your Firm' by Bettina Brueggemann)

FREE BOOK CHAPTER: The No Nonsense Gut (From 'The No Nonsense Solicitors' Practice: A Guide To Running Your Firm' by Bettina Brueggemann)

25/07/17. Although I have not planned the chapters in any kind of order of priority (since I believe they are all equally important) I do find myself placing listening to your gu...

Deputyship vs PI Trust: Round 2 ABC v Watt - Ruth Hughes, 5 Stone Buildings

Deputyship vs PI Trust: Round 2 ABC v Watt - Ruth Hughes, 5 Stone Buildings

18/07/17. Where P lacks capacity and has or is likely to have the benefit of a large personal injury award, the question will necessarily arise – how should P’s award be managed,...

PI Practitioner, July 2017

PI Practitioner, July 2017

16/07/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...