Author: smlegalservices

WRIGHT v FIRSTGROUP PLC, QBD (Foskett J) 12/01/2018   Another case where a Claimant was granted permission to use a new expert in circumstances where their expert had changed his view following a joint meeting and to not allow a new expert would have resulted in an unfair disadvantage to the Claimant. This was an unusual … Continue reading Change of expert allowed again, although this is not a license for expert shopping

Part 36, Indemnity Costs, Inflation of Costs, Assignment of CFA   (1) DOREEN MCKEOWN (2) DANIEL MCKEOWN v TANZA TOTTLE VENTON, CC (Liverpool)12/06/2017 Defendant's late acceptance of Claimant's Part 36 offer in low value personal injury claim which had exited portal did not give rise to entitlement to indemnity costs.   Costs penalty for late … Continue reading A round up of interesting cases – timescales within the legal and medical professions, what is and isn’t exceptional with reference to indemnity costs, Part 36, Expert Evidence, Exaggeration & Fraudulent Claims

(1) PHILIP FREEBORN (2) CHRISTINA GOLDIE v DANIEL ROBERT DE ALMEIDA MARCAL (T/A DAN MARCAL ARCHITECTS) EWHC 3046 (TCC)QBD (TCC) 28/11/2017 Where a costs budget was filed 7 days before a CMC further to a court letter, rather than 21 days before in accordance with the CPR, there was no need to apply for relief from … Continue reading Letter from court = court order

Many hold mixed views on this subject.  It is right, of course, that those lives who have been affected by medical negligence are taken care of as best as possible, including monetry damages to help them live to the fullest within any limitations that such negligence may have led to.  Many people, including myself, are … Continue reading The Medical profession and Negligence

Well, we have been quite on the blog side for the last month, but that doesn't mean we haven't been busy.  Quite the opposite!! Despite the fact that the introduction of the new electronic bill has been delayed until next year, we have been busy working on our own version, which we hope will be … Continue reading The electronic bill of costs

PAUL SPENCER-WHITE v HARDING EVANS LLP (2017) Fees charged for work done prior to the termination by its client of the agreement with solicitors properly payable pursuant to terms of business. JACQUELINE DAWN HARRISON v UNIVERSITY HOSPITALS COVENTRY & WARWICKSHIRE NHS TRUST (2017) The interpretation of good reason when the question of departure from a … Continue reading More reading…….

Discretion over awarding indemnity costs - https://www.lawgazette.co.uk/news/no-indemnity-costs-for-late-acceptance-of-offer-court-rules/5061813.article Period costs award made by employment tribunal in DBA case - https://www.employmentcasesupdate.co.uk/site.aspx?i=ed35568 …

Daniel Alfredo Condori Vilca & ORS v (1) Xstrata Ltd (2) Compania Minera Antapaccay SA (FORMERLY XSTRATA TINTAYA SA) [2017] EWHC 1582 (QB 30/06/2017 - An extension of time could be granted to instruct new expert, without requiring disclosure of previous evidence, so long as there were no issues as to 'expert shopping' or any other reason to impose a condition … Continue reading Breach of Duty, Additional Liabilities, Relief from Sanction…

ABC v (1) ST George's Healthcare NHS Trust (2) SW London & ST George's Mental Health NHS Trust (3) Sussex Partnership NHS Foundation Trust [2017] EWCA Civ 336 Imposing on clinicians a duty of care to disclose a diagnosis of Huntington's disease to a patient's daughter was just and reasonable, given that the condition was inherited. … Continue reading A round up of some interesting cases and articles

ABC v (1) ST George's Healthcare NHS Trust (2) South West London & ST George's Mental Health NHS Trust (3) Sussex Partnership NHS Foundation Trust [2015] EWHC 1394 (QB) This is an interesting case as to how far a duty of care extends and concerned a patient who had been diagnosed with Huntingdon's disease.   … Continue reading Another duty of care case…