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
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
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
SHACKLETON & ASSOCIATES LTD v (1) ALI MARZOOK ALI BIN KAMIL AL SHAMSI (2) MOHAMMED ALI MARZOOK ALI BIN KAMIL AL SHAMSI (3) MARZOOK ALI MARZOOK ALI BIN KAMIL AL SHAMSI [2017] EWHC 304 QBD 23/02/2017 An interesting case on costs where a company owned by a solicitor providing arbitration services was
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
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)
ANGEL GROUP LTD & ORS v DAVEY Ch D (A Hochhauser QC) 28/03/17 Fail to disclose information and conduct yourslef dishonestly and you mat face an order for indemnity costs. RE Z (A CHILD) [2017] EWCA Civ 157 CA (Civ Div) (Longmore LJ, Macur LJ) 28/03/2017 Determining which party should
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
Whatever your view on fixed costs for clinical negligence cases, it certainly continues to spark debate. Concerns include that it will hinder access to justice for the most vulnerable and that the system needs overhaul before a pricing structure is fixed, there is certainly much to consider. As always, the
Friday afternoon has rolled around again in no time. Despite my well founded intention to tweet every day and write regular articles, this has not yet come to fruition, but I am working on it…. The frenzy surrounding costs budgets seems to have died down for now and I haven’t
I am often asked questions about the fixed costs regimes. As a costs draftsman, I rarely have the need to be involved in fixed costs, for obvious reasons. I thought it may therefore be beneficial to clients to post information on decisions of significance. You may find the decision in
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
Well, we have been quite on the blog side for the last month, but that doesn’t mean we haven’t been busy. Quite the opposite!! Despite the fact that the introduction of the new electronic bill has been delayed until next year, we have been busy working on our own version,
Many hold mixed views on this subject. It is right, of course, that those lives who have been affected by medical negligence are taken care of as best as possible, including monetry damages to help them live to the fullest within any limitations that such negligence may have led to.
Before continuing with the days work, I have been pondering the destruction spreading through the legal profession amid the application of fixed and budgeted costs. As my colleague departs the office to do some DIY – painting at home, I thought more about how the legal profession are being stifled