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“All things NICE”: The role of the NICE Guidelines in Clinical Negligence claims

The guidelines of the National Institute for Clinical Excellence (NICE) are designed to facilitate good medical practice. They are not a substitute for professional judgement, or discussions with patients, but provide guideline recommendations. In 2021, the General Medical Council issued specific guidance…

Francesca O’Neill on the consequences of failing to serve a claim form properly

Claimants are waiting to serve claim forms until the last minute – and then making mistakes that are difficult to rectify and can lead to disaster. Meanwhile defendants are growing more savvy: they will challenge the court’s jurisdiction to hear the claim…

The Court of Justice of the European Union and the Montreal Convention: DB v Austrian Airlines, Case C-510/21

Readers will recall that last year the Court of Justice of the European Union significantly expanded liability under the Montreal Convention on carriage by air. First, in  JR v Austrian Airlines AG, Case C-589/20, it found that where a passenger falls for…

The Dekagram: 10th July 2023

This week we bring you news of two cases considering how and when to claim items of special damage (spoiler: claim them as such, and ideally prior to judgment). We were also interested to read an appeal judgment, in Merlin Entertainments Plc…

The Dekagram: 3rd July 2023

This week the team has been reflecting on the difference between complying with the letter of the law and with the spirit of it. The former is of course of paramount importance; but to what extent is the latter also significant? We…

The Latest Instalment in the Great Covid Refund Saga: Cledford Primary School v Travel Class Limited, Chester County Court, DDJ Stringer

Claims arising out of the mass cancellation of holidays due to the Covid-19 pandemic and the measures taken to contain it have started to come through the courts, first as a trickle, but latterly in greater volume. One particularly contentious class of…

The Dekagram: 26th June 2023

This week the team’s been glued to the telly, and in particular SupremeCourtTV, following the progress of Griffiths v TUI as it wends towards its conclusion. Truth be told, we’ve been mildly surprised by the lack of fanfare around the hearing, given…

The Dekagram: 19th June 2023

Members of the team have just spent an enjoyable few days at the PEOPIL conference in Thessaloniki, a Greek city of many architectural, archaeological and historical wonders, quite apart from boasting the most astounding tomatoes and cucumbers we’ve tasted for some considerable…

The Dekagram: 12th June 2023

We were interested to see this week the results of a survey undertaken by the Chartered Trading Standards Institute, which found that the vast majority of the general public doesn’t know what a linked travel arrangement is or does – and 18%…

The Dekagram: 5th June 2023

Last week we were asking ourselves whether the courts’ introduction of artificial intelligence is imminent. This week we read that the time it takes to bring a claim to trial has reached an all-time high of just under 80 weeks, up six…

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