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Sexual Misconduct Allegations Against Psychotherapist Dismissed

The UK Council for Psychotherapy (UKCP) brought allegations against AB, an eminent Psychotherapist, alleging he had abused and exploited his relationship with Client A for his own sexual gain, had failed to act in the best interests of Client A, had entered…

Court of Protection Blog: Capacity in Practice in the age of Covid

In this first blog, Dr Rebecca Poz, a well-known and respected medico-legal expert who frequently appears in the Court of Protection, addresses her practical experience of capacity assessment and comments on the recent advent of the vaccine programme to her patients.

Dr…

Lost years claims revisited – a timely reminder of the basis of such claims

A £4m ‘lost years’ claim unsuccessful at first instance, was successfully appealed in Deborah Head (Executrix of the Estate of Michael Head, Deceased) v. Culver Heating Co. Limited [2021] EWCA Civ 3.

On 18 January 2021 the Court of Appeal set out…

The Defence of Illegality in a clinical negligence context: consideration of Ecila Henderson (A Protected Party, by her litigation friend, the Official Solicitor) (Appellant) v Dorset Healthcare University NHS Foundation Trust (Respondent) [2020] UKSC 43

Where a Claimant, during a serious psychotic episode, committed a criminal offence, which she would not have committed but for the Defendant’s negligence, can she recover damages for the consequences of having committed the offence, including her subsequent loss of liberty?

That…

Re: T [2020] – Cardiff District Registry: Alternatives To the Use of the Court of Protection in Borderline Capacity Cases

The Problem

The necessary mechanism to manage an award of damages secured on behalf of a protected party can give rise to a number of practical difficulties, particularly where the damages have been reduced due to contributory negligence or…

A Bad Rule, Misunderstood: 8BPD9.1 and Applications to Dismiss

Over the past months, a number of Claimant solicitors have approached the author seeking representation at hearings to oppose dismissal of Part 8 (RTA and EL/PL Protocol “Stage 3”) Proceedings. In these cases, Defendants have sought dismissal mostly due to a failure…

Andrew Ritchie QC and Laura Begley secure a multi-million pound settlement 13 minutes before expiry of their Calderbank offer

Andrew Ritchie QC and Laura Begley secure a multi-million pound settlement 13 minutes before expiry of their Calderbank offer 2 days before a 10 day trial in a paraplegia case after two failed JSM’s and a mediation.

The claimant was…

Applications to withdraw pre-action admissions – prospects of success, prejudice and the administration of justice

Practitioners will be aware of the matters a court is to have regard to in deciding whether to give permission for an admission to be withdrawn at paragraph 7.2 of CPR 14PD, namely:

a) the grounds upon which the…

Life Expectancy Evidence in Personal Injury Claims: Case Update

In the recent hearing in Dodds v Arif & Anor [2019] EWHC 1512 (QB) Master Davison refused the defendant’s application to rely on a specialist report in relation to the claimant’s life expectancy and gave a helpful overview of the principles involved…

Explained: Boris Johnson summoned to court on allegations of Misconduct in a Public Office

Boris Johnson has, once again, hit the headlines. This time, the former Foreign Secretary and Brexit campaigner has been summoned to court, following an application by Mr Marcus Ball, to face three offences alleging misconduct in a public office. The full decisions…

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