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Natasha Partos on the latest COP case on best interest decision and requirement for legal proceedings

M v A Hospital 2017 EWCOP 19

On 20th September 2017, Mr. Justice Peter Jackson handed down the decision of M v A Hospital which concerned a best interest decision to withdraw clinically assisted nutrition and hydration.

As he…

Laura Hibberd writes on whether solicitors have a ‘duty to probe’ into potential heads of claim in fixed cost cases

In Thomas v Hugh James Ford Simey Solicitors [2017] EWCA Civ 1303 the Court of Appeal examined the duty of a claimant’s solicitor to undertake additional enquiries into potential special damages claims where the case was under a fixed costs regime.

In…

Natasha Partos writes on the cost consequences of accepting late Part 36 offers

On 10th August 2017, Lawtel reported Lord Justice Gross and Mr Justice Asplin’s decision in the appeal of Briggs v CEF Holding CA (Civ Div).

In brief, the background to the case involved a claim for personal injury arising out of a…

Jake Richards writes on – QOCS: beware of replacement CFAs

A Claimant enters into a Conditional Fee Agreement (CFA) with solicitors before 1st April 2013, but then replaces the original CFA with a new agreement after 1st April 2013. Shortly before trial, the Claimant discontinues the case. Can the Claimant rely on…

Ben Rodgers writes on ECRAIR 2002 and QOCS – update

On 11 July 2017 we wrote about an argument being deployed in the County Court to the effect that QOCS does not apply to claims under ECRAIR 2002 (the direct right of…

Holly Tibbitts considers psychiatric injury claims following infant birth injuries

Is the mother a primary or secondary victim? And can the secondary victim test be met?

In claims for psychiatric injury, the distinction between primary and secondary victims is well established. Primary…

Can a failure to obtain informed consent to medical treatment amount to a distinct cause of action and give rise to a free-standing award of damages?

In a word, no. The Court of Appeal has roundly rejected the suggestion that a distinct cause of action should be recognised in cases where a patient’s personal autonomy has been wrongfully…

Laura Hibberd examines: (Con) Textual Healing – the Supreme Court provides clarity in contract interpretation in Woods v Capita Insurance Services [2017] UKSC 24

There have been several decisions in the Supreme Court in recent years which consider the proper principles applicable to contractual interpretation. The recent decisions of the Supreme Court, particularly those in Rainy…

Does QOCS apply to a claim against a road traffic insurer under ECRAIR 2002?

CPR r.44.13(1) defines the scope of the QOCS regime. In broad terms it applies QOCS to proceedings which include a claim for damages for personal injuries or death.

The European…

Kieran Coleman writes on Relinquished babies: When does a local authority not have to notify extended family members?

Further guidance on this issue has been provided in the recent case of Re (1) M (2) N (Twins: Relinquished Babies: Parentage) [2017] EWFC 31. The case concerned two six month old twins who had been relinquished for adoption by their mother…

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