38 results
25 Apr 2022 14:19
Exchange Chambers helping to shape new national strategy on ABIExchange Chambers’ Personal Injury and Clinical Negligence Department is helping to shape the government’s new national strategy on Acquired Brain Injury (ABI) by contributing to the recently-launched Call for Evidence. Exchange’s response is being led by Gerard Martin QC, who is also Chair of more...
7 Jul 2021 11:06
We are RecruitingIf you are a member of the Bar or a 3rd six pupil, seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range more...
5 Jul 2021 13:58
Material contribution - not as complicated as you thinkWritten by Simon Fox QC Am I the only one who thinks that the legal tests in clinical negligence are sometimes harder to understand than they should be ? The case law on my favourite topic – Bolam and other tests for breach of duty – is littered with confusion. And it strikes me that Material more...
2 Jun 2021 14:52
Expert evidence on life expectancyChristopher Barnes It is common in more sizeable personal injury and clinical negligence claims for defendants to seek to rely upon expert evidence as to life expectancy. If a claimant smokes, drinks or is obese, the argument goes, then his or her life expectancy must be compromised and it would be more...
15 Feb 2021 15:48
Insolvent DefendantsPersonal Injury and Clinical Negligence specialists Samantha Openshaw and Gareth Thompson have written an article exploring the options open to those faced with pursuing claims against insolvent defendants be they corporations or individuals. Click here to download the full article. If you wish to more...
27 Jan 2021 10:52
PICN Case Law updatePersonal Injury and Clinical Negligence practitioner Urd Varlo Larsen has written a case law update which considers four important personal injury and clinical negligence cases decided in 2020: First, the decisions in Barclays Bank plc v Various Claimants [2020] UKSC 13 and WM Morrison Supermarkets more...
11 Jun 2020 09:48
Secondary victim claims: what constitutes an ‘event’ in a clinical negligence action?Paul & Paul v The Royal Wolverhampton NHS Trust is the latest contest to be fought on the battleground of secondary victim claims. Justin Meiland explores the case and the possible implications here. The post Secondary victim claims: what constitutes an ‘event’ in a clinical negligence action? more...
24 Sep 2019 08:35
A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity LawyersCosts Proper management of costs and costs risks is an essential part of a personal injury practitioners’ toolkit. Professional negligence practitioners working in this field will need to be aware of the common problems that can arise when considering the costs of personal injury litigation, and the more...
16 Sep 2019 14:22
A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity LawyersLimitation Questions of limitation in underlying clinical negligence or personal injury cases are frequently the subject matter for consequent professional indemnity litigation. Time limits for injury cases are different from elsewhere in the law and can give rise to particularly complicated issues more...
11 Sep 2019 16:04
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...
29 Aug 2019 09:01
Adding Insult to InjuryA rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers Under-settlement and Quantum Where does all the money go in a high value personal or medical injury claim? The principal heads of loss are care and case management, accommodation, aids and more...
21 Aug 2019 14:44
‘With great power comes great responsibility’ – contributory negligence post-MontgomeryRegardless of whether one attributes this famous quote to Voltaire or Spider-Man, the sentiment is the same. Power and responsibility should be in equilibrium. More power than responsibility leads to decision-making with little concern for the consequences and more responsibility than power leads to more...
12 Aug 2019 14:59
Clinical records do not necessarily trump lay evidenceCXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB) There is no general principle that the courts should prefer assertions contained in clinical records over factual accounts in witness evidence. That was the view of His Honour Judge Gore QC (sitting as a Deputy High Court Judge), more...
9 Jul 2019 12:54
Bolam is dead. Long live Bolam!In this article Simon Fox QC reviews the Bolam test for breach of duty in clinical negligence in the light of recent case law and asks – is it still the test for breach? Since I transferred from medicine to law 25 years ago, I have always thought that the Bolam test cannot logically apply to many more...
25 Jun 2019 08:05
Alternative solutions: Collaborative working in larger clinical negligence casesBackground There are many shared frustrations for clinical negligence practitioners. There is one which I believe can and must be addressed for the benefit of patients, other stakeholders and society as a whole. With a mixed PI practice (i.e. between trauma and clinical negligence) focusing on more...
24 Jun 2019 15:47
Lies, damned lies and a prison statisticLiverpool Victoria Insurance Company Limited v Dr Asef Zafar [2019] EWCA 392 (Civ) -and- George Eliot Hospital NHS Trust v Elder (2019), QBD, 5 April 2019 Introduction Dr Zafar ran his own medico-legal company, producing over 500 expert reports a year. In February 2012, he examined Mr Iqbal 11 weeks more...
19 Jun 2019 15:09
Gerard Martin QC and Chris Gutteridge secure £2.5 million settlement for double amputeeGerard Martin QC and Chris Gutteridge have secured a £2.5 million settlement for a Leicestershire man who suffered a double amputation as a result of admitted clinical negligence. In 2015, when the claimant was 56 years old, he was admitted to hospital with painful, numb and cold lower limbs. more...
28 May 2019 10:06
Timothy Connolly secures £276,250 in damages for "wrongful birth" claimTimothy Connolly was instructed by Nigel Smith, Senior Solicitor and Head of Serious Injury and Catastrophic Law at Clear Law Solicitors in Manchester. The Claimant brought proceedings following the failure of an NHS Trust to properly analyse antenatal scans and identify that the unborn Daughter of more...
22 May 2019 09:19
Complications of spinal surgery - has Pomphrey changed anything?The short answer is no but feel free to keep reading. In Pomphrey v. Secretary of State for Health the Claimant’s claim for damages in respect of the non-negligent complications of spinal surgery failed. His argument was that for a period of 10 months prior to surgery he had symptoms of cauda equina more...
13 May 2019 09:50
Update: Bereavement DamagesBereavement damages have been in the spotlight again following the recent decision of the Court of Appeal in the case of Smith v Secretary of State for Justice. Bereavement awards in England and Wales are provided for under the Fatal Accidents Act 1976. The current award is limited to the sum of £12 more...
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