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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Clinical Negligence
ADJOURNMENT OF A TRIAL IS A "LAST RESORT" (AND WILL RARELY OCCUR BECAUSE OF INABILITY OF SPECIFIC COUNSEL TO ATTEND)

ADJOURNMENT OF A TRIAL IS A “LAST RESORT” (AND WILL RARELY OCCUR BECAUSE OF INABILITY OF SPECIFIC COUNSEL TO ATTEND)

February 22, 2021 · by gexall · in Adjournments, Applications, Clinical Negligence, Experts

The judgment of Mr Justice Fordham in  Naylor v University Hospitals of Leicester NHS Trust [2021] EWHC 340 (QB) shows the difficulty of obtaining an adjournment of a trial date.    The judge rejected an application on the grounds of…

SUING A CLAIMANT WHO HAS ACCEPTED A PART 36 OFFER: THE PROFOUND PROBLEMS WHEN PLEADING FRAUD: YOU CAN'T "WAIT AND SEE"

SUING A CLAIMANT WHO HAS ACCEPTED A PART 36 OFFER: THE PROFOUND PROBLEMS WHEN PLEADING FRAUD: YOU CAN’T “WAIT AND SEE”

January 28, 2021 · by gexall · in Appeals, Clinical Negligence, Personal Injury, Statements of Case

There is an interesting history in the judgment of Mr Justice Saini in in Kasem v University College London Hospitals NHS Foundation Trust [2021] EWHC 136 (QB).  It is a case that is an object lesson in the stringent requirements…

DIVIDING FACTS FROM COMMENTS AND SUBMISSIONS: WHY IT MATTERS AND HOW IT CAN HELP YOUR CASE

December 17, 2020 · by gexall · in Applications, Civil Procedure, Clinical Negligence, Witness statements, Written advocacy

The judgment is Scottow -v- Crown Prosecution Service [2020] EWHC 3421 (Admin) is of interest for many reasons. This, however, is a blog about procedure.   It  is worthwhile looking at the comments that the Divisional Court made about the way…

APPEALS,  ISSUES OF FACT AND SAILING IN DIFFERENT OCEANS IN THE COURT OF APPEAL: CLINICAL NEGLIGENCE DECISION TODAY

APPEALS, ISSUES OF FACT AND SAILING IN DIFFERENT OCEANS IN THE COURT OF APPEAL: CLINICAL NEGLIGENCE DECISION TODAY

November 18, 2020 · by gexall · in Appeals, Applications, Civil evidence, Clinical Negligence

In Hewes v West Hertfordshire Acute Hospitals NHS Trust & Ors [2020] EWCA Civ 1523 the Court of Appeal reiterated the difficulties faced by an appellant attempting to argue that the judge had erred in relation to findings of the…

A "LACK OF OBJECTIVITY" IN AN EXPERT'S APPROACH: CLINICAL NEGLIGENCE AND CAUSATION CONSIDERED IN THE HIGH COURT

A “LACK OF OBJECTIVITY” IN AN EXPERT’S APPROACH: CLINICAL NEGLIGENCE AND CAUSATION CONSIDERED IN THE HIGH COURT

October 30, 2020 · by gexall · in Clinical Negligence, Credibility of experts, Expert evidence, Experts

In Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB) HHJ Freedman (sitting as a Deputy High Court Judge) made some telling observations about the lack of objectivity of the defendant’s expert. THE CASE The claimant…

COSTS ORDERED AGAINST ONE DEFENDANT WHEN CLAIMANT HAD SETTLED AGAINST ANOTHER:  A DEFENDANT'S UNSUCCESSFUL APPEAL

COSTS ORDERED AGAINST ONE DEFENDANT WHEN CLAIMANT HAD SETTLED AGAINST ANOTHER: A DEFENDANT’S UNSUCCESSFUL APPEAL

October 6, 2020 · by gexall · in Appeals, Clinical Negligence, Costs

In  Oberholster v Optical Express Ltd & Anor [2020] EWHC 2635 (QB) Mr Justice Freedman dismissed a defendant’s appeal against a costs order against it.   The case deals with the problematic issue of costs  if a claimant settles the claim…

VIDEO EVIDENCE NOT ALLOWED AT TRIAL: APPEAL AGAINST REFUSAL DISMISSED:  A "STORM IN A TEACUP"

VIDEO EVIDENCE NOT ALLOWED AT TRIAL: APPEAL AGAINST REFUSAL DISMISSED: A “STORM IN A TEACUP”

September 28, 2020 · by gexall · in Appeals, Applications, Civil evidence, Clinical Negligence, Personal Injury

In  Wilcox v King’s College Hospital NHS Foundation Trust [2020] EWHC 2555 (QB) Mrs Justice Lambert dismissed an appeal against a refusal by a defendant to allow video evidence to be adduced at trial.  The evidence was not relevant and…

CHILDREN AND PERSONAL INJURY LITIGATION: WEBINAR 5th OCTOBER 2020

CHILDREN AND PERSONAL INJURY LITIGATION: WEBINAR 5th OCTOBER 2020

September 11, 2020 · by gexall · in Civil Procedure, Clinical Negligence, Damages, Personal Injury, Webinar

This webinar looks at practical issues relating to children and personal injury litigation, including liability, damages and procedure. Details of how to book are available here.    This webinar looks at the practical implications of acting for children injured in…

COVID-19 Clinical Negligence Protocol 2020

COVID-19 Clinical Negligence Protocol 2020

August 18, 2020 · by gexall · in Civil Procedure, Clinical Negligence, Coronavirus, Personal Injury

A Protocol has been introduced between SCIL, NHS Resolution and AVMA, which deals with the conduct of personal injury litigation.  Details can be found here.   SUMMARY The press release has a useful summary “The protocol is wide-ranging, covering:  moratoriums…

THE 8TH EDITION OF THE 'OGDEN TABLES' AND THEIR PRACTICAL IMPACT: WEBINAR 31st JULY 2020

THE 8TH EDITION OF THE ‘OGDEN TABLES’ AND THEIR PRACTICAL IMPACT: WEBINAR 31st JULY 2020

July 21, 2020 · by gexall · in Civil evidence, Clinical Negligence, Damages, Personal Injury

I am presenting a webinar on the 31st July 2020 dealing with the new Actuarial Tables.   THE CONTENT   The government’s new ‘Actuarial Tables’ were published on 17th July 2020. The webinar takes us through the significant changes introduced…

THE MULTIPLIERS THEY ARE A CHANGING: 8th EDITION OF THE "OGDEN TABLES"

THE MULTIPLIERS THEY ARE A CHANGING: 8th EDITION OF THE “OGDEN TABLES”

July 19, 2020 · by gexall · in Clinical Negligence, Damages, Personal Injury

The 17th July saw the publication of the latest (the 8th) edition of the Government Actuary’s Department  “Actuarial Tables” “With explanatory notes for use in Personal Injury and Fatal Accident Cases”.  This may be particularly frustrating for those who were…

CLAIMANT NOT ALLOWED TO AMEND CLAIM, OR INTRODUCE NEW EXPERT,  WHERE APPLICATION TO ADJOURN BECAUSE OF COVID ALLOWED

CLAIMANT NOT ALLOWED TO AMEND CLAIM, OR INTRODUCE NEW EXPERT, WHERE APPLICATION TO ADJOURN BECAUSE OF COVID ALLOWED

July 9, 2020 · by gexall · in Amendment, Applications, Civil Procedure, Clinical Negligence, Expert evidence

In Ludlow -v- Buckinghamshire Healthcare NHS Trust & BMI Healthcare Ltd [2020] EWHC 1720 (QB) Mr Justice Jay allowed an application for an adjournment on the grounds that a trial could not take place remotely.  However, he refused the claimant’s…

DEDUCTIONS FROM DAMAGES AND MITIGATION OF LOSS IN PERSONAL INJURY CASES: WEBINAR 11th AUGUST 2020 (& THEN AVAILABLE ON DEMAND)

DEDUCTIONS FROM DAMAGES AND MITIGATION OF LOSS IN PERSONAL INJURY CASES: WEBINAR 11th AUGUST 2020 (& THEN AVAILABLE ON DEMAND)

July 7, 2020 · by gexall · in Civil Procedure, Clinical Negligence, Damages, Personal Injury, Webinar

On the 11th August 2020 I am presenting a webinar “Deductions from Damages and Mitigation of Loss”.   THE WEBINAR This webinar looks at those matters that could reduce the damages a claimant receives in a personal injury case, looking…

PROVING THINGS 177: WHEN YOU ARE RELYING ON A MEDICAL EXPERT ON CAUSATION WHO "SHOOTS FROM THE HIP" (IT DOESN'T END WELL)

PROVING THINGS 177: WHEN YOU ARE RELYING ON A MEDICAL EXPERT ON CAUSATION WHO “SHOOTS FROM THE HIP” (IT DOESN’T END WELL)

June 22, 2020 · by gexall · in Civil evidence, Clinical Negligence, Credibility of experts, Expert evidence, Experts

I have written many times about issues arising from expert witnesses.  In clinical negligence cases the role of the expert witness is often paramount.  The claimant, in particular, is almost wholly reliant on expert evidence in relation to causation. It…

CLINICAL NEGLIGENCE TRIAL HELD REMOTELY: AND IT WORKED WELL...

CLINICAL NEGLIGENCE TRIAL HELD REMOTELY: AND IT WORKED WELL…

June 22, 2020 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Coronavirus, Remote hearings

I have highlighted some cases where remote hearings have had difficulties. In Jones v Ministry of Defence [2020] EWHC 1603 (QB) the judgment indicates that the remote hearing in a clinical negligence case worked well. THE CASE The case was…

CLAIMS FOR MEDICAL EXPENSES, CARE AND WORK AROUND THE HOME: WEBINAR 23rd JULY 2020

CLAIMS FOR MEDICAL EXPENSES, CARE AND WORK AROUND THE HOME: WEBINAR 23rd JULY 2020

June 15, 2020 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Damages, Personal Injury, Webinar

On the 23rd July 2020 I am conducting a webinar “Claims for Medical Expenses, Care and Work around the Home”.  This webinar looks at damages in relation to medical expenses and care. It covers the whole range of care claims,…

CIVIL PROCEDURE BACK TO BASICS 78: NO DUTY ON AN INJURED CLAIMANT TO USE THE NATIONAL HEALTH SERVICE

CIVIL PROCEDURE BACK TO BASICS 78: NO DUTY ON AN INJURED CLAIMANT TO USE THE NATIONAL HEALTH SERVICE

June 10, 2020 · by gexall · in Civil Procedure, Clinical Negligence, Damages, Personal Injury

This post is due to a tweet someone copied me in on this morning.  The issue was, ostensibly, one of general damages in a personal injury case.  An insurer was refusing to pay the costs of private treatment  – stating…

PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: LAW, PRACTICE AND THE KEY CASES

PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: LAW, PRACTICE AND THE KEY CASES

June 9, 2020 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Courses, Damages, Personal Injury, Webinar

On the 17th July 2020 I am presenting a webinar on periodical payments and provisional damages.   THE WEBINAR Periodical payments and provisional damages have been a part of the legal landscape for some time now. A knowledge of the…

CONTRIBUTORY NEGLIGENCE IN PERSONAL INJURY AND CLINICAL NEGLIGENCE CASE: WEBINAR 7th JULY 2020

CONTRIBUTORY NEGLIGENCE IN PERSONAL INJURY AND CLINICAL NEGLIGENCE CASE: WEBINAR 7th JULY 2020

June 8, 2020 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Personal Injury, Webinar

On the 7th July 2020 I am presenting a webinar on contributory negligence in personal injury actions and clinical negligence cases.   CONTRIBUTORY NEGLIGENCE Contributory negligence is a common feature of personal injury litigation and (sometimes) in clinical negligence cases….

CORONAVIRUS LAW: DEFENDANT'S APPLICATION TO ADJOURN TRIAL REFUSED: TRIAL CAN GO AHEAD IN PERSON (AND WOULD GO AHEAD EVEN IF HELD REMOTELY)

CORONAVIRUS LAW: DEFENDANT’S APPLICATION TO ADJOURN TRIAL REFUSED: TRIAL CAN GO AHEAD IN PERSON (AND WOULD GO AHEAD EVEN IF HELD REMOTELY)

June 5, 2020 · by gexall · in Adjournments, Civil Procedure, Clinical Negligence, Coronavirus

In the judgment in  SC v University Hospital Southampton NHS Foundation Trust (Rev 2) [2020] EWHC 1445 (QB) given yesterday Mr Justice Johnson refused the defendant’s application for an adjournment on the grounds that a trial held remotely would be…

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