Monthly Archives: January 2015

A CAPACITOUS PATIENT’S CONSENT TO MEDICAL TREATMENT IS STILL FUNDAMENTAL, EVEN WHERE THE TREATMENT TAKES PLACE IN ACCIDENT AND EMERGENCY

 By Kate McKinlay In the case of Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8, recently heard by the Court of Appeal, a Senior House Officer in the Accident and Emergency Department commenced a treatment in the face of explicit protestation by the Claimant, and without discussing with her what her […]

Premature service of Claim Form – avoiding disaster

 By John Collins A problem frequently arises when, for one reason or another – most frequently the late arrival of the client in a solicitor’s office – the limitation period is nearly up, but one has not got the medical report or one has not got the materials needed for the drafting of the Particulars […]

Applications to allow service of Claim Form by alternative method/place – Explain your “Good Reason”

By Nicola Phillipson Dunbar Assets v BCP Premier [2014] EWCA 10 (Ch) but query wheteher this should be [2015] EWCA 10 (Ch) The principles to apply when considering whether to allow an application under 6.15 (service of the CF by alternative method or at an alternative place).  The evidence in support must explain the failure to […]

GENERAL DAMAGES ARE NOT REDUCED BECAUSE OF AGE: THE LAW SET OUT WITH CLARITY

 By Gordon Exall There are many reasons why personal injury litigators should read the decision of Judge Curran QC (sitting as a judge of the High Court) in Miller -v- Imperial College Healthcare NHS Trust [2014] EWHC 3772 (QB). One of the reasons is the detailed analysis of the argument that damages for pain and […]

Criminal Acts and Compensation

By Jonathan Holsgrove The recent case of AB v Chief Constable of X Constabulary provided the High Court with an opportunity to review the doctrine of ex turpi causa and it’s application in personal injury cases.

WHIPLASH QUANTUM UPDATE

By Colin Richmond There are increasing numbers of post-April 2013 personal injury settlements being reported, many of which contain specific reference to the damages figure including the 10% uplift provided for by Simmons v Castle [2012] EWCA Civ 1288. I have picked out some recently-reported whiplash cases, those being the sort of injuries most practitioners […]

Accidents abroad: The need for evidence of local standards

By Elliot Kay Lougheed v On The Beach Ltd [2014] EWCA Civ 1538  Summary A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been […]