‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’
Farrar's Building, 4th May 2022
Source: www.farrarsbuilding.co.uk
‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’
Law Society's Gazette, 5th May 2022
Source: www.lawgazette.co.uk
‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’
Local Government Lawyer, 29th April 2022
Source: www.localgovernmentlawyer.co.uk
‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’
Legal Futures, 20th April 2022
Source: www.legalfutures.co.uk
‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’
The Independent, 14th April 2022
Source: www.independent.co.uk
‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’
St John's Buildings, 4th April 2022
Source: stjohnsbuildings.com
‘A man who subjected his neighbours to years of anti-social behaviour before stabbing one of them to death has been found guilty of murder.’
BBC News, 5th April 2022
Source: www.bbc.co.uk
‘The case related to the murder of Ollie Stephens, the trial of which occurred at Reading Crown Court in June to July 2021 and was widely reported in the national media. Mr Raggatt and Mr Moss appeared on behalf of BRM, instructed by Heather Howe of Andrew Storch Solicitors, a 14 year-old boy, 13 at the time of the killing, with a longstanding diagnosis of Asperger’s/Autistic Spectrum Disorder (ASD). An intermediary assisted him throughout the trial and during the giving of evidence.’
4 King's Bench Walk, 1st April 2022
Source: www.4kbw.co.uk
‘A High Court master has revoked permission for the claimants in a group action to rely on an expert’s evidence because of “serious transgressions” by him and the group’s solicitors.’
Legal Futures, 8th March 2022
Source: www.legalfutures.co.uk
‘On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of the application of Wisniewski v Central Manchester Health Authority [1998] PIQR P324.’
Ropewalk Clinical Negligence Blog , 25th January 2022
Source: www.ropewalk.co.uk
‘Edward Colston was “chief executive officer” of a company responsible for enslaving more Africans than any other in British history, the historian David Olusoga has told a court, as defendants argued they acted “lawfully” in toppling his statue.’
The Guardian, 16th December 2021
Source: www.theguardian.com
‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’
Ropewalk Clinical Negligence Blog, 11th November 2021
Source: www.ropewalk.co.uk
‘Expert evidence in a judicial review which “goes beyond comment and expresses [an] opinion” about a decision under challenge is inadmissible, the High Court has said in dismissing an application to adduce a witness statement which consists “almost entirely of opinion evidence”.’
Law Society's Gazette, 8th November 2021
Source: www.lawgazette.co.uk
‘Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, which was handed down on 7th October 2021.’
St John's Chambers, 18th October 2021
Source: www.stjohnschambers.co.uk
‘This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis. In so doing, however, he concluded that as a matter of law the material contribution approach to causation does not apply when there is a single tortfeasor and an indivisible injury.
Soole J is surely right to acknowledge that this is an issue “ripe for authoritative review” (see [151]), but it is suggested that his reasons for reaching the above conclusion are somewhat questionable.’
Ropewalk Clinical Negligence Blog, 26th October 2021
Source: www.ropewalk.co.uk
‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’
Ropewalk Clinical Negligence Blog, 19th October 2021
Source: www.ropewalk.co.uk
‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’
Law Society's Gazette, 7th October 2021
Source: www.lawgazette.co.uk
‘Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.’
Local Government Lawyer, 1st October 2021
Source: www.localgovernmentlawyer.co.uk
‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’
Law Society's Gazette, 1st October 2021
Source: www.lawgazette.co.uk
© Inner Temple Library 2022