Category Damages

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 […]

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] […]

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 […]

CONSULTATION DOCUMENTS ON THE PERSONAL INJURY DISCOUNT RATE: USEFUL LINKS

This blog has already looked at the procedural steps that litigants need to take in relation to the changes to the discount rate.  The Ministry of Justice has today published a series of documents consulting on possible different approaches. CONSULTATION DOCUMENT The Ministry of Justice has put forward a consultation paper on possible changes to […]