‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’
Ropewalk Clinical Negligence Blog, 25th February 2021
Source: www.ropewalk.co.uk
‘Personal injury lawyers have warned that the UK government’s decision to ditch a European ruling on private land vehicles risks sacrificing the rights of injured people “in the name of Brexit”.’
Law Society's Gazette, 1st March 2021
Source: www.lawgazette.co.uk
‘The government has confirmed that legislation paving the way for whiplash reforms will come into force from 31 May. Newly-published draft statutory instruments have also finally indicated the tariff levels at which damages will be set for soft tissue injuries suffered in road traffic accidents.’
Law Society's Gazette, 26th February 2021
Source: www.lawgazette.co.uk
‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’
Parklane Plowden Chambers, 23rd February 2021
Source: www.parklaneplowden.co.uk
‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’
Blackstone Chambers, 12th February 2021
Source: www.blackstonechambers.com
‘A High Court judge has rejected that a claimant suing a hospital was fundamentally dishonest – despite rejecting her evidence – because she believed she was telling the truth.’
Law Society's Gazette, 17th February 2021
Source: www.lawgazette.co.uk
‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’
UKSC Blog, 12th February 2021
Source: ukscblog.com
‘The continuing impact of the Covid-19 pandemic is slowly but surely beginning to cast a shadow over personal injury claims. As the months have rolled on, viable businesses, starved of custom, are facing the prospect of being forced to cease trading. Those same businesses are the Defendants in many ongoing and pending claims. So, what happens when a Defendant becomes insolvent?’
St John's Chambers, February 2021
Source: stjohnsbuildings.com
‘In the February 2021 edition of the personal injury newsletter:
Tactical Management: Taking charge for claimants
As a claimant-only advocate, Bill Braithwaite QC explains exactly why he believes that lawyers who represent severely injured claimants should understand the importance of having complete control over the recovery, rehabilitation and litigation process.
Child’s Play: Gul v Mcdonagh ((2021) Ewhc 97)
Will Waldron QC considers the case of Gul v Mcdonagh ((2021) Ewhc 97), amongst others, in relation to the often tricky question of whether to concede some finding of contributory negligence in a case involving a child.
Second bite of the cherry? Abuse of process post-Poku
In this article, Helen Rutherford covers abuse of process in credit hire cases following Isaac Osei-Wusu Poku v Abedin.
Another Hurdle for Nervous Shock Claims
In Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, the House of Lords established 4 hurdles which a secondary victim must overcome in order to establish liability. Although a number of cases have tested the limits of these hurdles, an issue which has never previously been considered is whether a secondary victim must prove that his shock resulted from an appreciation that the primary victim is a loved one who had been or might have been involved in the incident. David Knifton QC considers this issue, with reference to the case of Young v Downey.’
Exchange Chambers, February 2021
Source: lexlinks.exchangechambers.co.uk
‘The fee to bring an unlimited additional claim should be £10,000, rather than the £55 the court office had advised one of the parties in bitter litigation involving two law firms, a judge has ruled.’
Litigation Futures, 10th February 2021
Source: www.litigationfutures.com
‘The government is undertaking “intensive” work on reshaping the system of compensation for victims of clinical negligence, health minister Nadine Dorries revealed yesterday.’
Litigation Futures, 3rd February 2021
Source: www.litigationfutures.com
‘In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant’s “lost years” claim. The judge had dismissed the claim on the basis that the Claimant’s income derived from his successful family business, the profitability of which would continue after his death such that there was no loss. In the Court of Appeal, however, Bean LJ (with whom Males and Andrews LJJ agreed) held that the Claimant’s income was the product of his hard work and flair as opposed to a return on passive investment, such that it should be treated as earnings rather than investment income and was thus recoverable in the “lost years” claim.’
Ropewalk Chambers, 19th January 2021
Source: www.ropewalk.co.uk
‘In Knapman v Carbines [2020] EWHC 3586 (QB), HHJ Cotter QC considered the balancing exercise to be conducted upon a very late application to rely on an expert report.’
Ropewalk Chambers, 14th January 2021
Source: www.ropewalk.co.uk
‘This is an appeal in the matter of Poku v Abedin [2020] by the Claimant against a decision by DDJ Omoregie in which a claim for credit hire was struck out on the grounds that the claim was as an abuse of process. The Claimant had previously raised and settled a personal injury claim through the RTA Portal not including the credit hire charges. The appeal was heard on the 8th October 2020 before Her Honour Judge Backhouse sitting in the RCJ.’
Park Square Barristers, 6th January 2021
Source: www.parksquarebarristers.co.uk
‘A litigant in a personal injury claim has been penalised for not contesting a costs bill within the allotted time, despite his representatives pleading that their work was affected by the first lockdown.’
Law Society's Gazette, 5th January 2021
Source: www.lawgazette.co.uk
‘A county council has won an appeal over a ruling that it was liable in negligence for personal injuries suffered by a teaching assistant.’
Local Government Lawyer, 4th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Claims for compensation after being infected with Covid-19 “appear to be gathering some momentum” amid a significant increase in claims farming activity, a leading defendant law firm has warned.’
Litigation Futures, 17th December 2020
Source: www.litigationfutures.com
‘The Information Commissioner’s Office (ICO) has fined a marketing company £250,000 for making over 365,000 nuisance calls asking people about accidents and pretending to be from their insurer.’
Legal Futures, 17th December 2020
Source: www.legalfutures.co.uk
‘The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket pitch in Battersea Park. She was struck in her left eye by a cricket ball, hit from the game of cricket being played on the pitch. Her claim succeeded before Mr Recorder Riza QC, who distinguished Bolton. Stewart J allowed the Defendant’s appeal and dismissed the claim.’
Ropewalk Chambers, 30th November 2020
Source: www.ropewalk.co.uk
© Inner Temple Library 2025