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Kore v Brocklebank – pre-action Part 36 offers in fatal accident claims
This case highlights the importance of raising enquiries regarding the identity of potential dependants at an early stage and carefully wording offers in pre-action fatal claims, as there are potential pitfalls on both sides.
Re-visiting Montgomery and the cases that have followed – December 2019
Re-visiting Montgomery and the cases that have followed – December 2019. Stephen Maratos and Harry Armstrong provide summaries from the key cases relating to consent in clinical negligence cases.
Part 36 offers – what happens when they have been withdrawn?
BritNed Development Limited v ABB AB and ABB Limited [2018] EWHC 3142 (Ch) In this case Mr Justice Marcus Smith’s Judgment on costs offers sets out guidance on how Courts can give weight to Part 36 offers which were made but subsequently withdrawn during the main action.
Limitation in clinical negligence – a summary guide
This is the third article in a three-part series looking at limitation arguments in clinical negligence claims. The first two articles considered case law and this article will provide an overview of the applicable law.
Limitation – Mossa v Wise
The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.
Limitation arguments – how hard can it be?
The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.
Case law update: Multiple Defendants and QOCS
The lead Judgment in Cartwright is a barrier for successful Defendants who wish to recover the costs of defending personal injury claims. Lord Justice Coulson upheld the Cost Judge's decision that that sums payable under a Tomlin order by D1 to the Claimant were not covered by CPR r.44.14(1). On that basis, the successful D2, Venduct, could not recover their legal costs from the damages paid by D1 to the Claimant under the Tomlin order. Unfortunately for Defendants, settlements reached under CPR r.36 are not covered by the QOWCS regime either.
Defendant obtains Summary Judgment in Clinical Negligence Claim: Hewes v West Hertfordshire Hospitals NHS Trust & Ors...
In Hewes the Third Defendant (GP) was able to obtain Summary Judgment against the Claimant who had suffered with Cauda Equina Syndrome.
HJ v Burton Hospitals NHS Foundation Trust
The Judgment of Mr Justice Turner from 21 May 2018 in HJ (A Child) v Burton Hospitals NHS Foundation Trust [2018] EWHC 1227 (QB) was a reminder that the opinion of a single joint expert (SJE) is not binding on the Court.
Clinical negligence – Fatal accidents update and quantum cases of interest – April 2017
Our update on recent clinical negligence cases sees Hempsons comment on legal issues and quantum points arising. Click here to read more about these cases. Please speak to Stephen Maratos with any questions.