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Case Notes

/Case Notes

XX V WHITTINGTON – Knowing when to return?

By |October 17th, 2017|Case Notes, Clinical Negligence|

Sir Robert Nelson on 18th September handed down judgement in this case. Claire Watson instructed by Irwin Mitchell LLP appeared for the Claimant; Charles Feeny, instructed by Bevan Brittan LLP appeared for the Defendant.  XX attended smear tests administered by doctors working for the Defendant in 2008 and 2012, and subsequently attended biopsies in 2012 [...]

WHEATCROFT v BRINE – Liability to ‘smartphone zombies’?

By |September 19th, 2017|Case Notes, Personal Injury|

His Honour Judge Main QC on 11th May 2017 handed down judgement in this case at Manchester County Court. David Sandiford, instructed by Irwin Mitchell, appeared for the Claimant; Charles Feeney, instructed by Keoghs, appeared for the Defendant. At approximately 12.10 pm on 24th December 2013 Ms. Chloe Wheatcroft, the then 14-year old Claimant, was [...]

BUSSEY v. ANGLIA HEATING – Withstanding the broadsides?

By |May 16th, 2017|Case Notes, Industrial Disease|

His Honour Judge Yelton on 12th May 2017 handed down judgment in this case.  The action was a fatal mesothelioma claim.  The deceased, Mr Bussey, was employed by the Defendants as a plumber carrying out predominantly domestic work in the period 1965 to 1968.  In particular, Mr Bussey worked on the installation of new boilers [...]

“Successful” claimant’s costs recovery restricted to 6.7% of budget

By |March 26th, 2017|Case Notes, Clinical Negligence|

See link here for discussion of facts and judgment on liability by Charles Feeny PD -v- RLBUH NHS T Key points Successful claimant’s costs recovery restricted after fully contested trial to a fixed sum reflecting just 6.7% of the budgeted base fees and disbursements; and Claimant ordered to pay all of the defendant’s costs following [...]

PD v RLBUH NHS T (2016) – Reasonable Reconstruction or Speculation in Surgical Negligence?

By |March 23rd, 2017|Case Notes, Clinical Negligence|

Facts: On 11thNovember 2010 the claimant, Mr PD, underwent a laparoscopic subtotal colectomy and end ileostomy, which involved removal of the colon and diversion of the small bowel to an opening in the stomach. Following the procedure it emerged that the claimant had suffered an intraperitoneal haemorrhage to the bowel during the first surgery, and [...]

McGeer v McIntosh: Paving a safer way for cyclists? (Number 2)

By |February 28th, 2017|Case Notes, Personal Injury|

The Court of Appeal have dismissed the Defendant’s appeal against the judgement of His Honour Judge Raynor QC awarding the Claimant 70% of damages on a full liability basis. We previously discussed the implications of the first instance judgment in McGeer v McIntosh: Paving a safer way for cyclists? The appeal sought to challenge the [...]

De minimis or material? – The survival of the false dichotomy in industrial disease cases – Carder v Secretary of State for Health [2016] EWCA Civ 790

By |September 27th, 2016|Case Notes|

Introduction We recently voiced questioned the use of the maxim ‘de minimis’ when proving causation in multi-exposure industrial disease claims (see here)[1]. It was suggested that in these types of claims the function of the maxim has been subverted. Historically, de minimis was used as a blunt tool to exclude trifling matters from litigation. However, [...]

Williams v Bermuda Hospitals Board: The search goes on?

By |February 10th, 2016|Case Notes, Personal Injury|

Case Background Charles Feeny & Sammy Nanneh In our article in the PI Update Law Journal, "Material contribution: the search for the elusive third way", we argued that the decision in Bailey v. The MOD appeared to accept an exception to 'but for' causation in tort. However, the precise basis and ambit of this approach was neither [...]

McGEER v MACINTOSH: PAVING A SAFER WAY FOR CYCLISTS?

By |November 16th, 2015|Case Notes, Personal Injury|

Case Background This case involved a cyclist who undertook a stationary car at traffic lights and then cycled to the nearside of an HGV which was indicating to turn left. In earlier years, this would have been regarded as a very difficult case for a claimant. In a detailed and careful judgment, the Judge, His [...]

Proving the Difference?

By |November 2nd, 2015|Case Notes, Clinical Negligence|

Case Background The Court of Appeal today handed down Judgment in the case of Christine Reaney v University Hospital of North Staffordshire NHS Trust and Another allowing the Defendant’s appeal against the Order of Mr Justice Foskett. The Court of Appeal have remitted the case to Mr Justice Foskett for further determination in the light of [...]