Category: personal injuries

Causation and Divisible Injury, The ‘Rocks Of Uncertainty’: CNZ (a minor) v Royal Bath Hospitals NHS Foundation Trust and Another [2023] EWHC 19 (KB) – 3PB

Posted April 4th, 2023 in apportionment, birth, chambers articles, contribution, hospitals, negligence, news, personal injuries by sally

‘CNZ v Royal United Bath Hospitals NHS Foundation Trust is a must-read for those practising in clinical negligence and especially for those practising in birth injury cases. However, the case also provides useful guidance on material contribution and apportionment. Ritchie J sketches out important parameters on the law on material contribution and extracts the important distinction between divisible injury and divisible
outcome. The terminology can be nebulous unless a distinction is drawn between these concepts (injury and outcome) which Ritchie J provided with welcomed clarity. The law on material contribution has migrated from industrial disease to clinical negligence litigation and the judgment provides important guidance when a Claimant suffers an injury from a combination of tortious and non-tortious causes.’

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3PB, March 2023

Source: www.3pb.co.uk

Council gets default ruling set aside in £6m mesothelioma case despite “inexcusable” delay – Local Government Lawyer

Posted April 4th, 2023 in asbestos, cancer, default judgments, delay, local government, news, personal injuries, setting aside by sally

‘The London Borough of Richmond has been allowed to defend a £6m mesothelioma claim, after the High Court set aside a default judgment made in 2021.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

High Court Dismisses Application to Exclude Expert Evidence at Trial – Ropewalk Chambers

Posted March 30th, 2023 in chambers articles, evidence, expert witnesses, news, personal injuries by sally

‘In Fawcett v TUI UK Ltd [2023] EWHC 400 (KB), Dexter Dias KC, sitting as a Deputy High Court Judge, considered an application by the Claimant to exclude the Defendant’s expert evidence in a personal injury trial. The application was dismissed.’

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Ropewalk Chambers, 15th March 2023

Source: ropewalk.co.uk

Timing the Medical Examination: Read v Dorset County Hospital NHS Foundation Trust – Ropewalk Clinical Negligence Blog

Posted March 10th, 2023 in causation, chambers articles, compensation, delay, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners – Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB)’

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Ropewalk Clinical Negligence Blog, 8th March 2023

Source: www.ropewalk.co.uk

Rugby player paralysed after ‘reckless’ tackle wins case against opposing player – The Guardian

Posted February 24th, 2023 in accidents, news, personal injuries, sport by sally

‘A rugby player who was paralysed from the waist down after a “reckless” tackle has won her high court claim against the opposing player who made the “red mist” challenge.’

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The Guardian, 23rd February 2023

Source: www.theguardian.com

Judges urged to call out role of lawyers in “layering” PI claims – Legal Futures

Posted February 23rd, 2023 in doctors, expert witnesses, fraud, news, personal injuries, solicitors by sally

‘The ruling of a district judge highlighting apparent collusion between solicitors, medical experts and others in inflating a personal injury claim is an important landmark in the fight against fraud, the defendant lawyer involved has argued.’

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Legal Futures, 23rd February 2023

Source: www.legalfutures.co.uk

Insurers ask for Supreme Court to hear mixed injury cases – Law Society’s Gazette

Posted February 21st, 2023 in insurance, news, personal injuries, small claims, Supreme Court by tracey

‘Insurers are seeking to challenge a key ruling on damages for mixed injury cases in the Supreme Court, it emerged today. The Association of British Insurers (ABI) said it has sought permission to appeal the rulings in Briggs and Rabot that were handed down last month by the Court of Appeal. The trade body is understood to be heartened by the dissenting judgment of master of the rolls Sir Geoffrey Vos and believes there are wider policy grounds at stake that the Supreme Court should consider.’

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Law Society's Gazette, 20th February 2023

Source: www.lawgazette.co.uk

Latest lawsuit shows brain injuries are factor at all levels of rugby – The Guardian

Posted February 2nd, 2023 in class actions, negligence, news, personal injuries, sport by sally

‘It’s been a fortnight since the letters of claim went out in the latest round of legal action against World Rugby, the Rugby Football Union and the Welsh Rugby Union. Here in the Guardian we ran an interview with one of the claimants, 48-year-old Alex Abbey, who was diagnosed with probable CTE in 2015, 12 years on from the end of a club rugby career in which he suffered multiple concussions. Abbey is one of 55 former amateur players involved in the case. It is a much smaller group than the 225 former professionals involved in the first lawsuit we reported on in 2020, but, for the authorities, it could be even more damaging.’

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The Guardian, 2nd February 2023

Source: www.theguardian.com

PI firm ‘first’ to offer pupillage for barristers – Law Society’s Gazette

Posted January 31st, 2023 in barristers, law firms, news, personal injuries, pupillage by tracey

‘A personal injury firm claims to have become the first of its kind to offer pupillage to aspiring barristers. North west firm Express Solicitors will hear applications for four pupillage positions in each of the next two years, and plans to increase this number in the future as caseloads increase.’

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Law Society's Gazette, 30th January 2023

Source: www.lawgazette.co.uk

Girl who had limbs amputated after hospital mistake wins seven-figure payout – The Independent

Posted January 23rd, 2023 in children, compensation, families, health, hospitals, negligence, news, personal injuries by tracey

‘A girl who had all four of her limbs amputated after she was wrongfully discharged from hospital has won a multimillion-pound payout.’

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The Independent, 22nd January 2023

Source: www.independent.co.uk

Former Royal Marine seeks £1.5m in damages over hearing loss – BBC News

Posted January 20th, 2023 in armed forces, compensation, damages, employment, health & safety, industrial injuries, negligence, news, noise, personal injuries by tracey

‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’

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BBC News, 19th January 2023

Source: www.bbc.co.uk

Costs protection still in place for last-minute discontinuance, rules CoA – Law Society’s Gazette

Posted January 19th, 2023 in civil procedure rules, costs, news, personal injuries, striking out by tracey

‘A claimant who discontinued his personal injury case on the morning of trial should still be entitled to costs protection, the Court of Appeal has ruled.’

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Law Society’s Gazette, 18th January 2023

Source: www.lawgazette.co.uk

Court rejects costs budgeting plea on child’s clin neg claim – Law Society’s Gazette

Posted January 16th, 2023 in birth, costs, damages, hospitals, negligence, news, personal injuries by tracey

‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’

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Law Society's Gazette, 13th January 2023

Source: www.lawgazette.co.uk

British Airways fined for Rhoose engineer’s brain injury – BBC News

Posted January 13th, 2023 in accidents, airlines, employment, fines, health & safety, industrial injuries, news, personal injuries by tracey

‘The company that maintains British Airways’ planes has been fined £230,000 after an employee suffered a brain injury near Cardiff Airport.’

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BBC News, 12th January 2023

Source: www.bbc.co.uk

The use and abuse of the Rehabilitation Code in liability disputed cases – Exchange Chambers

Posted January 9th, 2023 in chambers articles, codes of practice, compensation, damages, insurance, news, personal injuries, rehabilitation by sally

‘The benefits of rehabilitation are well known. Numerous academic studies have demonstrated its importance and the net economic benefit (to both society and insurers) from its early introduction and funding. Despite that, many insurers continue to take a hostile and unsupportive attitude driven, perhaps, by a suspicion that a claimant will seek to introduce care, therapies, equipment or accommodation that might somehow increase the value of any eventual claim. I don’t believe that to be the case. In fact, my own experience is strongly that those insurers and defendant solicitors who actively support and fund early rehabilitation (and it is right to highlight that many do), even when liability is disputed, invariably end up achieving an earlier settlement with a costs saving and, on occasions, a saving in damages arising from the better recovery enjoyed by the claimant.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

Posted January 9th, 2023 in accidents, case management, causation, chambers articles, civil justice, civil procedure rules, compensation, damages, mental health, news, personal injuries, practice directions, psychiatric damage by sally

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Healthcare Enabled Fraud – 3PB

Posted January 9th, 2023 in chambers articles, cross-examination, damages, expert witnesses, fraud, news, personal injuries, psychiatric damage by sally

‘Keoghs recently wrote about their triple success in defeating claims for psychological injury arising out of road traffic accidents. The common denominator of the three claims was that each of the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist. Sharan Sanghera acted for the Defendant in one of those Claims, her comment on the case appears below.’

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3PB, 13th December 2022

Source: www.3pb.co.uk

Patient fault and contributory negligence in clinical negligence – Exchange Chambers

Posted January 6th, 2023 in accidents, causation, chambers articles, damages, delay, medical treatment, negligence, news, personal injuries by sally

‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Two cases about QOCS where the claimant accepted a Part 36 offer late – Hailsham Chambers

Posted January 6th, 2023 in chambers articles, costs, damages, negligence, news, part 36 offers, personal injuries by sally

‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’

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Hailsham Chambers, 3rd January 2023

Source: www.hailshamchambers.com

Court allows costs challenge by client ‘not informed’ about options – Law Society’s Gazette

Posted December 19th, 2022 in costs, damages, news, personal injuries, solicitors, time limits by tracey

‘The High Court has ruled that a costs bill can be challenged after the one-year time limit for requesting detailed assessment. In Menzies v Oakwood Solicitors, Mr Justice Bourne said Leeds firm Oakwood Solicitors had not made clear to a former client the procedure for objecting to the deduction of costs from his damages. Payment was therefore not effected by a settlement of account and a challenge could still be made.’

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Law Society's Gazette, 16th December 2022

Source: www.lawgazette.co.uk