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Case review 30/07/2021
The Supreme Court has spoken. X’s appeal has been allowed. It has been decided that a tour operator can be found liable in contract, under the Package Travel, Package Holidays and Package Tours Regulations 1992, for the non-performance or “improper performance” of the obligations it has undertaken, even in a situation where those failures are the result of acts or omissions of employees of a third party supplier of services.
Article 29/07/2021
In this article, we consider where we are on the government’s roadmap out of lockdown and set out considerations for sports event organisers to take into account, in light of the most recent government guidance.
Article 29/07/2021
A summary of key developments including the Health and Care Bill; the Getting It Right First Time and NHS Resolution best practice guide to claims learning; a consultation on the appointment and operation of the Patient Safety Commissioner; the personal injury discount rate in Northern Ireland and statutory implementation of the Personal Injuries Guidelines 2021 in the Republic of Ireland.
Case review 29/07/2021
In this month’s Brief, we highlight several recent judgments where courts have accepted the defendants’ surveillance and expert evidence and awarded sums much lower than what has been claimed.
Article 29/07/2021
A round-up of recent court decisions raising issues relating to scope of duty; best interests; informed consent and material risks involving technical decisions; and contempt of court proceedings following dismissal of a claim for fundamental dishonesty.
Article 28/07/2021
Since the decision of Master Davison in Mustard v Flower [2019], there has been uncertainty in relation to the approach to the recording of neuropsychological assessments in the medico legal context.
Article 27/07/2021
The Civil Justice Council’s interim report – ‘The Resolution of Small Claims’ – was published in June 2021. The report considers the changes to the way in which small claims have been processed by the courts during the pandemic and how these adaptations could be taken forward to improve the way such claims are handled and resolved.
Case review 27/07/2021
Negus and Bainbridge v Guy’s and St Thomas’ NHS Foundation Trust [19.03.21] - This claim concerned an aortic valve replacement and whether the patient should have been provided with further information in respect of the valve sizes available to be inserted and possible associated treatments.
Article 23/07/2021
In this article, we consider the definition of Functional Neurological Disorder, how it is treated and what such a diagnosis means for personal injury claims handling.
Case review 22/07/2021
In the case of Chouza v Martins & Ors [22.06.21] the High Court was asked to examine a number of principles in a fatal accident claim.
