Monthly Archives: March 2014

CASE REPORT: Approach to Credit Hire Claim When Impecuniosity Argument has Failed

 Helen Rutherford Karl Stevens v Equity Syndicate Management Limited Judgment date: 12/03/14 High Court of Justice Queen’s Bench Division  This is a new credit hire case, involving hire company Accident Exchange Ltd. It was an appeal from Mr Recorder Tolson QC, who had reduced the value of the Claimant’s hire from £5,764.80 to £1,436.78. The […]

Breaches not trivial – but strike out would be disproportionate

 Nicola Phillipson McTear v Englehard [2014] EWHC 722 (Ch) 14th March 2014 The Defendants were in breach of Orders re: witness statements and disclosure, and had sought to adduce expert evidence without leave, all 3 weeks before trial. Their (not prompt) applications to extend time/obtain relief were (unsurprisingly) refused, but it was held that it […]

COMPENSATION FOR EXACERBATED MENTAL ANGUISH OVER REDUCED LIFE EXPECTANCY – CLINICAL NEGLIGENCE: Kadir (Personal Representative of the Estate of Saleha Begum, Deceased) v Mistry & Ors (2014) CA (Civ Div)

 Ruwena Khan In a case decided by the Law Lords yesterday (full Judgment not yet available) the estate of a mother of four small children who had died of cancer at just 32 years of age was awarded damages of £3,500 under the Administration of Justice Act 1982 s1(1)(b) for her mental suffering resulting from […]

DEFECTIVE ENGLISH PROSTHETIC HIP IMPLANTS – WHERE DO NON-EU CLAIMANTS GO?: Lawrence Allen & Ors v Depuy International Ltd [2014] EWHC 753 (QB)

 Ruwena Khan Cosmetic surgery has been hitting the headlines for the last few years, in particular breast implant surgery. You may recall the Government reviewing the UK’s use of French PIP implants, made using industrial grade silicone (for my previous article please click here: ‘Keeping Abreast of Implants’) in 2012. Sadly it appears that more […]

THE PLOT THICKENS – THE CREDIT HIRE QUAGMIRE: Zurich Insurance Plc v Sameer Umerji [2014] EWCA Civ 357

 Ruwena Khan The battle between Credit Hire and Insurance Companies continues with the Court of Appeal’s latest foray into the fracas. In a claim for damages which included the cost of hiring a replacement car on a credit basis, a recital which debarred C from relying on impecuniosity applied to justification for the duration of […]

CUTTING THE PATIENT’S LIFE BY FOUR MONTHS – MEDICAL NEGLIGENCE: Cutting v Islam [2014] EWHC 720 (QB)

 Ruwena Khan A General Practitioner who had not fully diagnosed a patient’s condition and had failed to advise him to return if the symptoms persisted was found liable for the shortening of the patient’s life by four months. The standard of care required of a doctor was that he acted in accordance with practice accepted […]

Vicarious liability – when relationships get too close for comfort

 Chris Rafferty Here I look at a recent decision which examines how the interpretation of relationships in vicarious liability might have expanded. A standard employer/employee will usually always satisfy the first test in vicarious liability, that being whether the relationship was sufficiently close to be able to give rise to a finding of vicarious liability. […]