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News
Recollection versus Medical Records in Clinical Negligence
The recent case of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB) is an interesting Judgment dealing with an issue familiar to clinical negligence practitioners. John Brown reviews the decision which considers how a court is likely to approach a factual dispute between a witness’ recollection and a note made in a […]
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Blue Manchester Ltd v Bug-Alu Technic GMBH [2021] EWHC 3095 (TCC)
Summary An application to strike out the Second Defendant’s witness statements for non-compliance with Practice Direction 32 (“PD32”) and Practice Direction 57AC (“PD57AC”) failed. While criticisms were levelled at the witness statements in question, their failings did not warrant strike out. Further, the Claimant’s application for relief from sanctions failed. His Honour Judge Stephen Davies, […]
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Hannah Saxena successfully defends serious pedestrian claim for bus company
Hannah Saxena appeared for a bus company in a claim brought by a 22 year old female pedestrian who had been hit by a bus in London, after she walked out at a junction, without looking. The claimant sustained serious pelvic fractures and was claiming over £600,000 in damages. HHJ Baucher found that the bus […]
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Josh Hedgman successful on appeal to set aside costs order made in favour of the Claimant
Josh Hedgman was recently instructed to appeal an order for costs in the case in favour of the Claimant. The substantive claim involves an allegedly severe brain injury with issues relating to capacity. The Claimant applied to adjourn a four-day trial on the basis that his previous solicitor had let him down and had not properly […]
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Success for Peter Savory as he Defends a Substantial Credit Hire Claim
Peter Savory recently had success in defending a personal injury claim and associated losses, including a substantial credit hire claim. The claim was brought as a consequence of a road traffic accident and, having heard liability submissions, was dismissed by HHJ Duddridge. The Claimant had attended court with incomplete disclosure of financial documents relating to […]
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Care Claims, State Support and the Risk of Double Recovery
The Claimant is seriously injured, either in an accident, or as a result of medical negligence. He now has significant care needs, which are currently being met by the state. He includes in his claim the cost of a private care regime (very expensive) which he says he intends to set up as soon as […]
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The Court of Appeal and Contributory Negligence: Recent Cases – (1) Gul v McDonagh [2021] EWCA Civ 1503 and (2) Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698
Summary It is common for arguments relating to contributory negligence to be raised in relation to road traffic accidents. It is worth noting that, in the past few weeks, the Court of Appeal has handed down two judgments concerning this particular issue. This article considers the parallels between the two recent cases of (1) Gul […]
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Farrar’s Building ranked as a Leading Set in Chambers UK and Legal 500
We are delighted to have a total of 34 rankings this year in Chambers UK and Legal 500, across Personal Injury, Motor Insurance Fraud, Clinical Negligence, Professional Discipline, Financial Crime, and Crime. Comments about the set include: “excellent all-round service”, “offering the complete package”, “consistently high-quality practitioners”, “expert handling of high-value catastrophic injury and fatal claims”, “Very strong chambers with dedicated expertise and knowledge”, “a […]
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