SETTING ASIDE A DEFAULT JUDGMENT: HAVE COGENT EVIDENCE (AND A DRAFT DEFENCE) TO HAND: DEFENDANT’S DELAY ALONE WOULD HAVE LED TO APPLICATION BEING REFUSED IN A CLINICAL NEGLIGENCE CASE
I am grateful to Barrister Leslie Keegan for their note of the judgment of Master Cook in Buckingham -v- Elneil (15th July 2022)*. The Master refused the defendant’s application to set aside a default judgment. The defendant did not have…
PROVING THINGS 233: ASSESSING EVIDENCE AFTER 14 YEARS: THE CRUEL CONCEPT OF CAUSATION IN MEDICAL NEGLIGENCE
This blog has looked many times at issues relating to witness evidence and the judicial approach when hearing evidence of matters that happened a considerable time before trial. The difficulties are made clear in the judgment of HHJ Emma Kelly…
RELIEF FROM SANCTIONS: NOT ALL BAD REASONS FOR DEFAULT ARE EQUALLY BAD: A PARTY CANNOT ASSERT PREJUDICE BY BEING SILENT
In EXN v East Lancashire Hospitals NHS Trust & Anor [2022] EWHC 872 (QB) Mr Justice Turner allowed an appeal where a District Judge had refused to grant relief from sanctions. The judgment is particularly interesting in that it notes…
DEFENDANTS HAVE TO PAY COSTS OF ATE PREMIUM: DEEMED ORDER FOR COSTS FOLLOWING ACCEPTANCE OF PART 36 OFFER INCLUDES THE COSTS THE ATE PREMIUM
In Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC B9 (Costs) Costs Judge Leonard considered two ingenious arguments where the defendants attempted to avoid paying the claimant’s ATE premium. This involved consideration of the deemed…
WITNESS EVIDENCE IN CLINICAL NEGLIGENCE CASES: WEBINAR 22nd MARCH 2022
Over the past few months this blog has covered several cases where clinical negligence cases have been determined, ultimately, on the accuracy of witness recollection. For example the judgment of Mr Justice Ritchie in Watson v Lancashire Teaching Hospitals NHS…
WITNESS EVIDENCE IN CLINICAL NEGLIGENCE CASES: CRUCIAL FACTUAL FINDINGS MADE IN FAVOUR OF THE DEFENDANT
It is surprising how many clinical negligence cases rest, ultimately, on findings of fact as to what was said. An example can be seen in the judgment of Mr Justice Ritchie in Watson v Lancashire Teaching Hospitals NHS Foundation Trust…
WITNESS EVIDENCE, MEMORY AND CLINICAL NEGLIGENCE CASES: A DETAILED CONSIDERATION OF THE PRINCIPLES
We looked yesterday at the judgment of HHJ Tindal in Freeman -v- Pennine Acute Hospitals NHS Trust, a copy of which is available here. Freeman v Pennine NHS Judgment 03.12.21(without password) (1) The major part of that judgment contains a detailed…
WITNESS EVIDENCE AND CLINICAL NEGLIGENCE: THE COURT CONSIDERS WHAT WAS SAID – 17 YEARS AFTER THE EVENT
In HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB) Mr Justice Cotter considered the issue of the reliability of witness evidence when the events being considered occurred 17 years previously. It is an example of the kind…
SURVEILLANCE EVIDENCE IN PERSONAL INJURY CASES: WEBINAR 4th NOVEMBER 2021
On the 4th November I am giving a webinar on surveillance evidence. Booking details are available here. This webinar deals with practice and procedure in relation to the production of surveillance evidence in personal injury cases and looks at: The…
LIMITATION, THE DATE OF KNOWLEDGE AND THE SECTION 33 DISCRETION: THE SINS OF THE LAWYER CANNOT NECESSARILY BE PASSED ONTO THE CLIENT
The judgment of Richard Hermer QC, sitting as a High Court Judge, in Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 2164 (QB) deals with several important elements of limitation in the context of clinical negligence. Firstly the…
DEFENDANT NOT LIABLE TO PAY THE COSTS OF DISPUTES OVER WHO SHOULD BE CLAIMANT’S LITIGATION FRIEND
In HR v Aneurin Bevan University Local Health Board [2021] EWHC 2195 (Admin) Mrs Justice Foster rejected an argument that the defendant should be liable to pay the costs incurred when there was a dispute in relation to the identity…
PROVING THINGS 213: CLINICAL NEGLIGENCE, WITNESS EVIDENCE AND MEDICAL NOTES
In Sheard -v- Cao Tri Do [2021] EWHC 2166 (QB) HHJ Robinson, sitting as a Judge of the High Court, had to consider competing witness evidence in the context of a medical negligence action. It is an example of the…
DIRECT AND VICARIOUS LIABILITY FOR SELF-EMPLOYED MEDICAL PRACTITIONERS WORKING WITHIN A PRACTICE: CLAIMANT SUCCESSFUL IN HER ARGUMENTS
I am grateful to Heather Owen from the Dental Law Partnership for sending me a copy of the decision of HHJ Harrison in Breakingbury -v- Croad (Cardiff County Court 19th April 2021), a copy of which is available here …
APPEALS, ISSUES OF FACT AND SAILING IN DIFFERENT OCEANS IN THE COURT OF APPEAL: CLINICAL NEGLIGENCE DECISION TODAY
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…
COSTS ORDERED AGAINST ONE DEFENDANT WHEN CLAIMANT HAD SETTLED AGAINST ANOTHER: A DEFENDANT’S UNSUCCESSFUL APPEAL
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…
COVID-19 Clinical Negligence Protocol 2020
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
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 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
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)
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…