38 results
10 Apr 2019 10:46
We are Recruiting!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
18 Feb 2019 10:46
Court of Appeal lifts anonymity order in clinical negligence caseKhan v Meadows [2019] EWCA Civ 152 Related Member(s): Guy Vassall-Adams QC, Aidan Wills Related Practice Area(s): Media and Information Law Court: Court of Appeal (Civil Division) The Court of Appeal has handed down a non-anonymised judgment (and lifted reported restrictions) in the case of Khan v more...
1 Feb 2019 13:36
“A reversion to the bad old days”: what can you get away with ‘not admitting’?The Court of Appeal has provided recent guidance in SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2019] EWCA Civ 7 on the extent of a defendant’s duty to make enquiries of third parties before that defendant may ‘not admit’ an allegation. This note examines that decision and its more...
30 Jan 2019 08:54
Jonathan Jones QC secures £26.5m settlement for child who suffered severe brain injury due to delayed diagnosis of hypoglycaemiaJonathan Jones QC recently acted for a severely brain injured child who received in excess of £26.5 million pounds in settlement of his claim. The child, who cannot be named for legal reasons, suffered a hypoglycaemic attack when only a few days old. Unfortunately, there was a delay in diagnosing more...
14 Jan 2019 15:37
Costs of ‘unwanted’ child not recoverable for public policy considerationsIn ARB v IVF Hammersmith & Another [2018] Civ 2803, the Court of Appeal considered ARB’s claim for pecuniary losses arising from the birth of his child. By way of background, ARB and his then partner (R) had IVF treatment at the Defendant clinic, leading to embryos being frozen. An embryo was used more...
8 Jan 2019 17:41
October 2019 pupillage applications now openChambers are offering two pupillages, one civil and one family. For details on how to apply please go to the following link. https://www.magdalenchambers.co.uk/pupillage-applications-are-now-open/ more...
21 Dec 2018 13:40
Chris Bright QC and Teresa Hargreaves secure £1.5m damages for claimant in clin neg spinal surgery claimB v Nottingham University Hospitals NHS Trust Having refused the NHSR’s final offer of £1.25m at an RTSM in November, Chris Bright QC and Teresa Hargreaves, instructed by Martin Bradbury of The Smith Partnership, Derby, have now secured a lump sum settlement of £1.5m for a Claimant left wheelchair more...
10 Dec 2018 14:00
Experts’ Agendas – a Warning from the BenchThis article originally appeared in the AvMA Lawyers Service Newsletter (November 2018) “It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a more...
5 Dec 2018 09:07
A Practical Approach to Breach of Duty and Causation in Venous Thromboembolism Claims by Neil ThompsonVenous thromboembolism (VTE) What is it? Formation of a blood clot (a thrombus) in a vein Most commonly in the deep veins of the legs or pelvis deep vein thrombosis (DVT) Common and potentially preventable Accounts for thousands of deaths annually in NHS Fatal pulmonary embolism (PE) a common cause more...
2 Nov 2018 09:32
No5 Barristers' Chambers earns top rankings in Chambers UK Bar Guide 2019No5 Barristers’ Chambers is delighted that its members and practice areas continue to receive Band 1 ranking in the 2019 edition of the Chambers UK Bar Guide. This year’s guide sees 100 ranked barristers within the set, 12 Band 1 Silks and 23 Band 1 Juniors. Christopher Young QC gains “New Silk”, more...
31 Oct 2018 14:00
Case report – Infant settlementThe case is subject to an anonymity order. In early September this year the High Court approved terms of settlement on behalf of my infant Claimant involving a lump sum of £9,000,000 and periodical payments of £325,000 for care and case management, which when grossed up came to a little over £20 more...
31 Oct 2018 09:21
Chris Bright QC and Stephen Goodfellow secure £5m damages for child claimant in fiercely contested clinical negligence claimSC (by her Mother and Litigation Friend Mrs PC) v Mid Essex Hospitals NHS Trust Chris Bright QC and Stephen Goodfellow yesterday secured the approval of the High Court in London for a lump sum settlement of £5m in a fiercely disputed clinical negligence claim on behalf a child claimant with a severe more...
26 Oct 2018 13:15
Hewes: Claimant in a Clinical Negligence Claim Successfully Appeals Against Summary JudgmentHewes v (1) West Hertfordshire Hospitals NHS Trust; (2) East of England Ambulance Service NHS Trust; (3) Dr Pankaj Tanna [2018] EWHC 2715 (QB) On 18 October 2018, Mr Justice Foskett granted the claimant’s appeal against the decision of Master Cook, in which he gave summary judgment for a GP more...
19 Oct 2018 09:14
No5 Barristers’ Chambers puts spotlight on clinical negligence for diabetes patientsMedical and legal experts will be sharing their experience with clinical negligence lawyers on issues surrounding diabetes at an event to be held in Birmingham in November. No5 Barristers’ Chambers is hosting the seminar at Clayton Hotel and expects around 50 delegates to attend. The event aims to more...
When is it appropriate to resort to the ‘Burden of Proof’?
Yip J had to turn her mind to this question in the case of Saunders -v- Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). The claimant brought a clinical negligence claim alleging there had been a failure to reverse an ileostomy during surgery resulting in his colon more...
3 Aug 2018 09:38
Duce v Worcestershire Acute Hospitals NHS TrustJune 14, 2018 The decision in Chester Afshar [2015] 1 AC 134 infamously represented a "departure from traditional causation principles." In Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307, the Court of Appeal has clarified and explained the true extent of that departure. Click more...
UNFETTERED DISCRETION TO DETERMINE FUNDAMENTAL DISHONESTY AFTER DISCONTINUANCE
Whether allegations of fundamental dishonesty should be determined after discontinuance is subject to a wide and unfettered discretion of the judge, referable only to the circumstances of the case and the overriding objective. There is no requirement within the rules for there to be exceptionality: more...
Approval of Protected Party Settlements and Ability to Withdraw Not Incompatible With Human Rights
Parties are still feeling the effects of the change in discount rate back in March. In the case of Revill v Damiani [2017] EWHC 2630 (QB) the court permitted the Defendant to resile from a settlement agreement reached in a protected party claim. Whilst it may be unusual for parties to seek to void more...
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