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News
Ambulance service negligent over asthma patient
An ambulance crew had been negligent in failing to appreciate that an asthma patient was in a life-threatening condition. Had they performed basic observations they would have realised that the patient needed ipratropium, adrenaline and salbutamol. Their failure to administer those drugs was negligent and resulted in the patient’s death. The claimant (W) brought a […]
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Defamation case struck out
Matthew Hodson successfully applied to the High Court for strike out of a defamation case that had been brought against a national hotel chain. The claimant alleged that hotel employees had defamed him by unnecessarily referring to untrue criminal allegations when banning him from the premises. The claim was struck out on the basis that […]
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2015: The Year of the QOCS?
Qualified One-Way Costs Shifting (‘QOCS’) is increasingly a part of the repertoire of the personal injury lawyer as the cohort of post 1.4.13 cases increases. The Court of Appeal has considered the lawfulness of the QOCS regime and addressed a number of other issues of its applicability in Wagenaar v Weekend Travel Ltd, T/A Ski […]
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Character evidence in Personal Injury claims
The recent case of Laughton v Shalaby [2014] EWCA Civ 1450 gives a reminder of the test for admissibility of bad character evidence in civil cases but also an opportunity to look at what types of evidence on credibility or bad character would be admissible and indeed useful in personal injury claims. The possible bad […]
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Contributory Negligence
The Law Reform (Contributory Negligence) Act 1945 provides: “1. Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, […]
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Conspiring to redefine conspiracy to defraud
Company directors who design and pursue a lawful transaction designed to remove from the company hefty future obligations do not conspire to defraud those who might be financially affected by their doing so. Furthermore, the High Court will not allow the exceptional procedure for preferring voluntary bills of indictment to be used when a prosecuting […]
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Claimant who concealed history of back injuries has claim dismissed
Jackson v Hertfordshire CC (16th, 17th & 29th October 2014) – Oxford CC Peter Freeman successfully defended a Manual Handling claim for damages for back injuries sustained during the course of escorting a child with severe cerebral palsy, who suddenly lifted his feet off the floor causing C to take most, if not all, his […]
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Dilemma zone driver not negligent
Afouzar v First CentreWest Buses (2nd, 3rd & 23rd October 2014) – RCJ C attempted to cross a busy intersection via pedestrian crossings when he was struck by D’s bus, and sustained a severe brain injury; quantum was said to be very considerable but liability was tried as a preliminary issue. The lights for traffic […]
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