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A round up of some interesting cases....

Posted on 31st July, 2017

ABC v (1) ST George's Healthcare NHS Trust (2) SW London & ST George's Mental Health NHS Trust (3) Sussex Partnership NHS Foundation Trust [2017] EWCA Civ 336

Imposing on clinicians a duty of care to disclose a diagnosis of Huntington's disease to a patient's daughter was just and reasonable, given that the condition was inherited.  

 

(1) Joanne Werb (Executor of est of George Werb (Deceased)) (2) Justin Werb v (1) Solent NHS Trust (2) The Priory Hospital Southampton QBD 15/03/2017

Secondary victim claim, whereby a second claimant had seen his son's body from a bridge before realising it was him and then returning to that scene once being made aware that his son was missing.   There was a good case to argue that the psychiatric shock resulted from the sudden, unexpected circumstances.

 

Forgery of a medical report, false claims for compensation and more.. - Forged and more

 

Ozlem upeliI & 668 Ors v Atlasjet Havacilik Anonim Sirketi[2017] EWCA Civ 1037 

Community centre meeting to enter into CFA's for class action not "excursion organised by the trader away from his business premises" for the purposes of the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 reg.5(b).

 

(1) Capita (Banstead 2011) Ltd (2) Capita Hartshead Benefit Consultanta Ltd v RFIB Group Ltd [2017] EWCA Civ 1032 20/07/2017

No order for costs not wrong in principle where claimants awarded 50% of amount claimed against defendant; judge entitled to exercise discretion.

 

Briggs v CEF Holdings Ltd CA (Civ Div) 13/07/2017

Usual costs order following claimant's late acceptance of defendant's Part 36 offer (claimant pay defendant's costs following expiry of usual acceptance period) not wrong, despite uncertainty as to claimant's prognosis.

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