127 results
1 Nov 2018 14:09
“Do you get all of the service charge?”Look no further than this press release from BEIS on 1 October 2018 to gauge the government’s enthusiasm for highlighting that it has been thinking about policy and issues other than Brexit over the last couple of years: “The government has announced plans to ensure that tips left for workers will 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...
30 Oct 2018 15:18
“Hardwicke is a first division operation with great strength in depth” – Hardwicke achieves excellent results in Legal 500 2018Hardwicke is delighted to report excellent results in the 2018 edition of Legal 500. A new recommendation as a leading set for Insurance and Reinsurance has been added to Hardwicke’s recommendations as a leading set for Construction, Personal Injury, Professional Negligence, Property Litigation and more...
30 Oct 2018 11:33
Trick or Treat: Could you be liable this Halloween?As children and their parents blow the cobwebs off their costumes this Halloween ready to threaten unimaginable horrors if not rewarded with chocolate and sweets, it is time to perhaps think about hidden booby traps. Whether you see this tradition as fun and games or a feast of mass consumerism more...
29 Oct 2018 16:45
Travel Sickness ClaimsOver the last few years travel sickness claims have increased by 500% despite reports of sickness in resorts having remained stable or having decreased.[footnote 1] Unsurprisingly, there has been much media attention as to the rise in the numbers of travel sickness claims. The recent Court of Appeal more...
29 Oct 2018 13:35
Protection for solicitors against direct
settlement out of costs when acting under a
CFA Lite in RTA Protocol casesI. Introduction 1. On 18 April 2018 the Supreme Court gave judgment in the case of Gavin Edmondson Solicitors Limited v Haven Insurance Company Limited [2018] UKSC 21 in which it considered the principles applicable on an action for recovery of costs by solicitors, against a third party insurer 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...
25 Oct 2018 07:55
What does the WM Morrison Supermarkets Plc data breach mean to employers?The issue in question is whether an employer is vicariously liable in damages to employees whose personal and confidential information has been misused by being disclosed on the web by the criminal act of another employee? Yes, said the Court of Appeal in WM Morrison Supermarkets Plc v Various 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...
18 Oct 2018 15:26
Chris Barnes secures high value settlements for below knee amputeesChris Barnes from Exchange Chambers has secured two high value settlements for below knee amputees. In the first case, Chris’ client, a 20-year-old man, was injured in a road traffic accident. After a series of operations, he underwent transtibial (below knee) amputation. Chris and his instructing more...
18 Oct 2018 13:01
Cyclists and the highway code reviewIn light of the government announcing a review of the highway code in an attempt to reduce road casualties, we wanted to highlight an article written last year by Rob Dempsey discussing the 'dutch reach' practice. Recent figures from the government show that from 2011-2015, eight cyclists have died more...
16 Oct 2018 15:25
Bellman v Northampton Recruitment Limited: vicarious liability revisitedThe Court of Appeal has allowed the Claimant’s appeal in Clive Bellman (A Protected Party By His Litigation Friend Nick Bellman) v Northampton Recruitment Limited (2018) EWCA Civ 2214, in a decision that involves a redrawing of the limits of vicarious liability for the violent conduct of an employee more...
10 Oct 2018 15:11
Personal Injury Newsletter – October 2018In the October 2018 edition of the personal injury newsletter: Lump sum awards for loss of earnings David Knifton QC examines the recent case of Irani v Duchon and its relationship to loss of earnings calculations using the Ogden Tables Bolam is dead, long live Bolam! Originally published in the more...
5 Oct 2018 12:50
Spectator injuries: who is liable?A terribly sad story came out of the recent Ryder Cup Golf Tournament. A spectator, Corine Remande, was blinded in one eye as a result of being hit by a ball played by Brooks Koepka. In the UK, it is accepted that competitors in sporting events owe a duty of care to spectators and so, for example, more...
23 Aug 2018 14:10
Hourly rates in mesothelioma casesHourly rates in mesothelioma cases – are you paid properly for the work you do? Steve Jones discusses. Claims for mesothelioma victims can be differentiated fairly easily from the generality of personal injury matters and historically there has been a degree of acceptance by Costs Judges and some 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...
Kids will be kids: What is the extent of the duty owed by schools to their pupils?
How far does the duty of care owed by schools to pupils extend? We were all familiar with the shouts of ‘WALK! Don’t run’ from teachers as we careered around school corridors. But can failure to echo this stern warning amount to a breach of duty? The High Court turned its mind to the issue in Pook v 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...
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