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An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners. The judgment in Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB) can be read here. Ms Rianna Read developed cauda equina syndrome following a sudden disc prolapse, which led to a critical stenosis of the spinal canal. On her case, avoidable delays in her…
This blog reviews the forthcoming changes to the QOCS regime which will reverse the effect of Ho v Adelekun [2021] UKSC 43 and other recent cases. The Civil Procedure (Amendment) Rules 2023/105 (for brevity, ‘the Amendment Rules’) are about to amend the CPR’s QOCS provisions in an apparent attempt to negate the effects of various recent authorities,…
Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out ‘drylining’, namely putting…
Recent Posts
I blogged on law and practice in relation to fundamental dishonesty in January 2021, and now update that blog with further dispatches from the front line. The Incidence of Fundamental Dishonesty: An Unscientific Snapshot of 2022 In order to have a sense of how my own experience was mirrored by colleagues in Ropewalk Chambers, I conducted a…
In Fawcett v TUI UK Ltd [2023] EWHC 400 (KB), Dexter Dias KC, sitting as a Deputy High Court Judge, considered an application by the Claimant to exclude the Defendant’s expert evidence in a personal injury trial. The application was dismissed. Background The Claimant sued the Defendant as administratrix of the estate of her late husband Mr…
This blog reviews the High Court decision in Barry v Ministry of Defence [2023] EWHC 459 (KB) and the ongoing uncertainty surrounding the application of the Moore et al. Guidelines for Diagnosis and Quantification of Military Noise-Induced Hearing Loss. Those who practise in the field of noise induced hearing loss (“NIHL”) are waiting with bated breath for some authoritative…
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