A very common scenario in clinical negligence and personal injury claims is that the claimant’s negligent injury occurs on a background of pre-existing disability – how does the court assess the damages for care in the claim? Examples of pre-existing disability in my own cases have included- Hydrocephalus; Spina bifida; Significant learning disability; Partial spinal […]
There has been a revolution in genetic testing over the past decade. Technological advances have greatly increased the scope and use of testing. Testing is now faster and cheaper. This has meant that it has become easier to analyse a whole, or large sections of a genome in detail[1]. This innovation brings with it ethical […]
Read More… from Genetics evidence revolution: How should courts determine permission applications?
The much-anticipated judgment in Swift v Carpenter [2020] EWCA Civ 1295 provided a neat and just approach to the valuation of capital costs in accommodation damages claims. Helpfully the Court of Appeal provided an easy to apply formula for accommodation claims where claimants have longer life expectancies thereby providing much needed litigation certainty – and […]
Read More… from Swift v Carpenter: short life expectancies and cliff edges
On 4 November 2019 Master Cook struck out a nervous shock claim by the children of Mr Paul who collapsed and died from an untreated heart condition whilst out on a shopping trip with them in the centre of Wolverhampton. I wrote a blog piece commenting upon that decision. Today Chamberlain J has allowed the […]
Read More… from Nervous shock and the Material Gap: Paul v. Wolverhampton in the High Court
Summary Empirical data suggest that people from Black, Asian and Minority Ethnic (“BAME”) backgrounds are being disproportionately affected by Covid-19 and, on Wednesday 29th April 2020, NHS England gave sensible and important interim guidance to Hospital Trusts, pending an investigation by Public Health England. Some Trusts are seeking to protect BAME staff with measures including […]
Read More… from Dealing with the increased risks to BAME NHS staff treating Covid-19 patients