Blogs Archive

In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time…

In serious personal injury cases, the claim for future commercial care and case management is typically the most valuable and hotly-contested head of loss. In this blog I offer practical guidance to those involved in such claims as to how to deal with what has been recognised as a “perfect storm” of difficulties in recruiting…

Philip Turton considers the decision of Lord Uist in the Scottish mesothelioma case of Watt v Lend Lease Construction (Europe) Ltd [2022] CSOH 23, an interesting decision from north of the border (judgment here). Nicola Watt was the widow of James Watt who died of mesothelioma in 2017. She brought a claim against his former employers, who…

As lawyers representing parties in clinical negligence cases, we will often encounter scenarios where the injured party has been involved in a road traffic accident or an accident at work and subsequently seeks medical assistance for the purpose of treating their injuries. As a result of negligent medical treatment, the Claimant’s injuries are aggravated, or…

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…