Blogs Archive

It is often the case, in law, that the person who actually commits a tort lacks the means to meet a judgment or otherwise presents as an undesirable Defendant from a Claimant’s point of view. The law has long recognised the strong policy reasons behind forms of distributive justice, most obviously in the case of…

This blog looks at Functional Neurological Disorder (“FND”): what it is, how it is diagnosed, what medico-legal issues arise, and potential treatments. What is FND? FND is an umbrella term which can cover a whole spectrum of symptoms that do not arise as a consequence of neurological pathology. Historically, what we now call FND has…

On 31 January 2022 the Department of Health and Social Care published a consultation document setting out its proposals to introduce mandatory fixed recoverable costs and a new “streamlined” process for lower value clinical negligence claims.  The below article sets out the background to, aims of and rationale behind that document before summarising the key…

When you call for an ambulance, you generally want it now. To you, it’s an emergency and an emergency requires an immediate response. The reality of a modern NHS generally and Ambulance Trusts specifically mean that such an expectation is rarely met. Thankfully, in the vast majority of cases the timing of the arrival of…

A ‘public authority’ is generally an entity which possesses the power and ability to intervene in a variety of situations where a private entity would be unable to. Of course, as the saying goes, ‘with great power comes great responsibility’. Plainly, that applies were a public authority has positively acted, and in doing so, causes…

On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of…

On 14 January 2022, the Court of Appeal handed down judgment in Aviva Insurance Ltd & Anor v Secretary of State for Work and Pensions [2022] EWCA Civ 15 which concerns the compatibility of certain aspects of the Compensation Recovery Unit (“CRU”) scheme and the rights of the claimant insurance companies under Article 1 of the First…

On 16 May 2017 Mrs Hazel Brown tragically drowned when her car left the C164 highway near Redruth in Cornwall and entered the Stithians Reservoir. This case concerned a fatal accident claim by her family against the two occupiers of the reservoir and against the local highway authority. At first instance, before HHJ Allan Gore QC…

A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together,…

The question of who can claim for “nervous shock” is upon us again. The issue is one which has periodically ventured as far as the House of Lords, since the decision in Bourhill v Young [1943] AC 92 and, following the decision of the Court of Appeal in the conjoined cases of Paul v Royal…

In Campbell v Advantage Insurance Co [2021] EWCA Civ 1698 the Court of Appeal has given guidance on the assessment of passengers’ contributory negligence in drink-driver cases.  The Facts Dean Brown had driven the claimant, Lyum Campbell, and Dean’s brother, Aaron Brown, to a club. All three consumed significant quantities of alcohol and in the…

It is not uncommon for a losing party to be disgruntled by the outcome of his/her case. However, the majority of the time, the findings of fact which have brought a judge to their conclusion will be unimpeachable and the reasons given, whilst potentially contrary to the beliefs of the losing party, will be sufficiently…