EAC v Imperial College Healthcare NHS Trust – £20 million settlement for severely brain injured claimant with reverse indemnity subject to BJB release clause

William Audland KC and Isaac Hogarth, instructed by Victoria Williams of Stewarts acted for the Claimant (‘C’) in her claim against Imperial College Healthcare NHS Trust (‘D’). Settlement was reached days before the start of an 8-day quantum trial, and approved by Alison Morgan KC, sitting as a Deputy Judge of the High Court on … Continue reading EAC v Imperial College Healthcare NHS Trust – £20 million settlement for severely brain injured claimant with reverse indemnity subject to BJB release clause →

90% part 36 offers – effective or not? A look at Chapman v Mid and South Essex NHS Foundation Trust [2023] EWHC 1871 (KB)

Vanessa Cashman summarises this recent clinical negligence case on split liability Part 36 offers, which provides useful insight and clarification following the judgment on this issue in the personal injury case of Mundy v TUI UK Ltd [2023] EWHC 385.

Robinson v Liverpool University Hospital NHS Foundation Trust v Mercier revisited

Thea Wilson looks at the next development in this case in which the Defendant had sought a third-party costs order against an expert witness, because, after this expert's oral evidence at trial, the Claimant had withdrawn her claim.

Pickering v Cambridge University Hospitals NHS Foundation Trust [2022] EWHC 1171 (QB)

Thea Wilson considers this recent stroke case which involves issues of causation.

Lisa Pal v Dr Damen (1) v Belgo international Research Applications and Development NV (2) [2-22] EWHC 004697 (QB): The jurisdiction battle in foreign clinical negligence claims

John-Paul Swoboda discusses the case of Pal, regarding cosmetic surgery abroad and the issue of jurisdiction.

RKT v Essex Partnership University NHS Foundation Trust: Isaac Hogarth secures large settlement for patient who suffered total colectomy with permanent ileostomy and significant exacerbation to pre-existing schizophrenia, weeks before High Court trial

Isaac Hogarth of 12 King’s Bench Walk, instructed by Alisha Puri of Irwin Mitchell successfully represented the claimant (‘C’) in his claim against Essex Partnership University NHS Foundation Trust (‘D’), weeks before the start of a trial on causation and quantum. The settlement of £600,000 was subsequently approved by Deputy High Court Judge Clare Padley.

Hughes v Rattan in the Court of Appeal

Mary Newnham considers the Court of Appeal decision in Hughes v Rattan [2022] EWCA Civ 107, which gives authoritative guidance on non-delegable duty of care and vicarious liability in the context of practice owners providing NHS dentistry services via associate dentists.

Secondary Victims – A Corner Turned?

Henry Charles summarises the Court of Appeal's judgment from last week in the cases of Paul v Wolverhampton, Polmear v Royal Cornwall and Purchase v Ahmed, which concerns secondary victim claims arising from events that occurred some time after the alleged negligence.

Tips on expert evidence

Thea Wilson gives her tips on expert evidence in clinical negligence cases, considering the recent case of Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier.