Blog

Update on our partnership experts

We are continuously expanding our services and our partnership experts. If you are in need of medico-legal reporting services, please visit our reports page for details of our fields of medico-legal reporting. Although we are based in the West Midlands, we provide a nationwide reporting and diagnostics service. A little

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Issues Based Costs Order Not Always Appropriate

Where a claimant had won overall, but lost on certain issues which had given rise to additional costs, it was determoned that the claimant’s recoverable costs should be reduced overall rather as opposed to an issues based costs order being made.   However, where the claimant’s approach had resulted in

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Fixed Costs Regime Applies to Pre-Action Disclosure Application

CAREN SHARP v LEEDS CITY COUNCIL [2017] EWCA Civ 33 Entry into the portal leads to recovery of fixed costs in a bid to maintain proportionality. Altough pre-action disclosure applications stand alone from the claim,  they are connected and fall within the description of an “interim application” in CPR 45.29H.

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Don’t let a conflict of interest be your downfall

EXP v CHARLES SIMON BARKER [2017] EWCA Civ 63 This is a recent case highlighting the importance of ensuring that you are not conflicted when agreeing to undertake the preparation of a medico-legal report. If you are an instructing party reading this blog, then it re-inforces how critical it is to

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Out with Bolam; in with Montgomery

WEBSTER (A CHILD & PROTECTED PARTY, BY HIS MOTHER & LITIGATION FRIEND, HEATHER BUTLER) v BURTON HOSPITALS NHS FOUNDATION TRUST (2017) [2017] EWCA Civ 62 Montgomery case followed – see below blog from 13.12.16 The new test +a little practice reminder of a doctor’s obligation to present the material risks and

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Keep Your Crystal Ball For Now…

VALERIE ELSIE MAY MERRIX v HEART OF ENGLAND NHS FOUNDATION TRUST (2016) BHOJANI v UNIVERSITY HOSPITALS OF LEICESTER NHS TRUST I must say I feel comforted by the fact that Judges realise that we are operating in an ‘atmosphere of uncertainty’ when it comes to costs management. It is very

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We are pleased to welcome Paul Fenton to the Partnership

Mr Paul Fenton has recently joined the partnership and his current practice involves complex lower limb trauma, post-trauma limb reconstruction and foot and ankle surgery. Mr Fenton is looking forward to working with our clients to deliver his expert medico-legal opinion in a variety of cases. If you are interested in

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Relief from sanctions / Video Surveillance Evidence

Case on Relief From Sanctions – Chancery Division decision SIMON PATTERSON (TRUSTEE IN BANKRUPTCY OF GEORGE SPENCER v GEORGE SPENCER & 5 ORS (2014) Case on video surveillance evidence MATTHEW HICKS v PERSONAL REPRESENTATIVES OF IONEL ROSTAS (Deceased) & MOTOR INSURANCE BUREAU (2017)

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Far reaching consequences of clinical negligence

The following case sets out the point that a third party can have a claim arising out of clinical negligence. (1) Re (A Minor By Her Mother & Litigation Friend) (1st Claimant) (2) LE (2nd Claimant) (3) DE (4th Claimant) v Calderdale & Huddersfield NHS Foundation Trust (2017) In this

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