Monthly Archives: March 2018

Personal Injury and the tort of deceit

UK Insurance Ltd –v- Gentry [2018] EWHC 372B In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident. Justin Crossley Background The Defendant alleged that his vehicle was in collision with another vehicle.  He claimed the other driver was at fault and […]

CLAIMANT LAWYERS TO LOSE £80 MILLION A YEAR – MINISTRY OF JUSTICE FORECAST

On 21st March 2018 the Ministry of Justice published an Impact Assessment (IA) for the Civil Liability Bill. It was forecast that Claimant lawyers could experience a combined annual loss of £80 million in fee income following the personal injury reforms. The MoJ estimates that £32 million will be lost from claims that will no […]

SUPREME COURT DECISION TODAY: SALT SENSITISATION IS AN ACTIONABLE INJURY

In the judgment today in Dryden and others (Appellants) v Johnson Matthey Plc (Respondent) [2018] UKSC 18 the Supreme Court held, unanimously, that exposure to platinum salts that led the claimants to develop platinum salt sensitisation did give rise to a cause of action. Gordon Exall summarises the main issues. The judgment is available here. A […]

A HOME FOR THE DISABLED VICTIM

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 […]

Uncertainty Around The Proposed Personal Injury Reforms Continues…

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 […]

Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB)

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 […]

AKTAS v ADEPTA AND THE DIFFICULTY OF APPLYING TO STRIKE OUT “SECOND” CLAIM FORMS

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 […]