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Lord Faulks QC and Laura Johnson successful in Court of Appeal consent case

Diamond v Royal Devon & Exeter NHS Foundation Trust [2019] EWCA Civ 585

Lord Faulks QC and Laura Johnson have successfully resisted an appeal on causation in a case concerning consent to medical treatment.

The Claimant (C) brought a claim for clinical…

Can you be found contributorily negligent for attempting your own suicide?

Suicide is a topic that many of us find difficult to discuss. Attempts on one’s own life, particularly if unsuccessful, are not commonly spoken about, let alone raised in personal injury proceedings. However, can a defendant raise that a claimant should be contributorily negligent for…

Disapplication of QOCS: Is failure to pay the trial fee sufficient?

QOCS, otherwise known as Qualified One-way Costs Shifting, leaves defendants out of pocket when defending claims, unless a defendant can satisfy one of the few exceptions in the Civil Procedure Rules to merit its disapplication. In particular, CPR 44.15 provides several exceptions…

Matthew v Sedman [2019] EWCA Civ 475: limitation in ‘midnight deadline’ cases

Suppose you are under a professional obligation to do an act by no later than the end of 2 June, in default of which your client will suffer immediate loss. You can comply with your obligation by doing the act in question…

Experts in contempt – Amend reports at your peril…

Medical reports are often meticulously scrutinised in personal injury claims. They provide an overview of the claimant’s personal account to his or her expert of their symptomatology, past medical history and the circumstances of their accident. Sometimes, a claimant may suggest that…

Discount Rate Klaxon – Review due in August 2019

The Lord Chancellor will announce later today that the first review of the personal injury discount rate under the Damages Act 1996 as amended by the Civil Liability Act 2018 will start on 19 March 2019.

The Act requires that the Lord…

Word of warning for McKenzie Friends & Co

I have seen this decision reported in a number of places online and it seems to be both important and interesting, so thought I’d add something brief here.

The High Court has given much needed guidance on the duty of care owed…

Experts in contempt – amend reports at your peril…

Medical reports are often meticulously scrutinised in personal injury claims. They provide an overview of the claimant’s personal account to his or her expert of their symptomatology, past medical history and the circumstances of their accident. Sometimes, a claimant may suggest that their report…

Anonymity Orders: Balancing privacy with the principle of open justice

The High Court has recently considered the circumstances in which it is appropriate to grant anonymity orders under CPR 39.2(4) and the stage at which such applications should be made.

In Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB) the…

Proving the size of highway defects – Why measurements of length, width and depth are crucial

It is common in highway trip and slip claims for claimants to provide photographs of the defect they say caused them injury. Those photographs usually show, amongst other things, an attempt to measure the defect in support of their claim. However, in Walsh…

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