Author Archives: gexall

DAMAGES FOR SURROGACY COSTS ARE RECOVERABLE: A HIGH COURT DECISION

In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the difficult issue of damages for surrogacy costs. “It cannot be properly argued that the claim for surrogacy costs should be diminished or rejected because the Claimant will have substantial other funds by way of damages. The other heads of damage […]

FATAL ACCIDENT DAMAGES: A RECENT CASE: LIFE EXPECTANCY; DAMAGES FOR LOSS OF SERVICES & LOSS OF CARE & ATTENTION

In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.   THE CASE The claimant was the widow whose husband died from a cardiac arrest.   It was successfully argued that that the presence […]

ROBERTS -v- JOHNSTONE AFTER THE CHANGE IN DISCOUNT RATE: A HIGH COURT DECISION

The recent change in the discount rate was covered on this blog.  One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims.  It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] […]

DUTY OF CARE OWNED BY JUNIOR DOCTORS: IMPORTANT COURT OF APPEAL DECISION

In the decision today is FB -v- Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 the Court of Appeal made important observations about the duty of care owed by junior doctors. “The conduct of Dr Rushd in the present case must be judged by the standard of a reasonably competent SHO in an accident […]

KERRY UNDERWOOD COMES TO TOWN: PERSONAL INJURY REFORMS COURSE: ZENITH SPONSORING LECTURE ON THE 11th MAY 2017

The Personal Injury Group are pleased to be sponsoring Kerry Underwood’s talk in Leeds on Thursday the 11th May 2017. This course looks in detail at the personal injury reforms following the Government’s announcement on 23 February 2017. The talk is in central Leeds, near the railway station, at BPP, Leeds, Whitehall Quay, Leeds. To […]

FOUR TALKS ON IMPORTANT AND PRACTICAL ASPECTS OF LAW AND MEDICINE

Zenith PI Group has a series of lectures covering key areas of law and medicine. Cancer, Causation and the Courts. Anything & Everything you wanted to know about A&E but were afraid to ask. Going Under- Anaesthesia and the Law. Constitutional changes in the spine and the impact on damages. All of these courses can […]

COMPENSATION FOLLOWING FATAL STABBING: HUMAN RIGHTS AND THE CICA: “DOUBLE RECOVERY” NOT ALLOWED

The decision of the Upper Tribunal in  VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA.  It shows the need to think long and hard before issuing civil […]