A BLOG BY JOHN M COLLINS This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3.  William Davis J gave an impressive and comprehensive analysis of the many problems in that case.  JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain […]

Personal injury lawyers have been aware of the government’s plans to reform how personal injury claims are dealt with for some time.  Originally, the new proposals were to come into force in October 2018.  However, as a result of the General Election in 2017, the Prisons and Courts Bill did not progress. Despite the bill […]

Two discrete procedural points arise out of Yip J’s decision in Saunders v Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). They restate principles which are of considerable practical significance for those preparing and litigating civil claims.   The case concerned a clinical negligence claim arising out of the Claimant’s ileostomy and its reversal. The […]

The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed. I appeared on 1.3.18 before District Judge Burrow who dismissed an application […]

Benius Razumas v Ministry of Justice [2018] EWHC 215 (QB) In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3. The claimant had been in prison for various periods between 2010 and 2013.  It was common ground that, whilst in prison, the medical […]

In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer. The judge […]

The Respondent claimed over £150,000 for construction work allegedly carried out to a house occupied by the Appellant. It was found that the invoice was fraudulent and was the product of a conspiracy between the Appellant and the Respondent to enable her to obtain money from a trust fund. In 2015, the Appellant’s solicitors made […]