Case Notes

/Case Notes

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

By |2019-05-02T11:46:52+01:00March 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 |2019-05-02T11:46:52+01:00February 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 |2019-05-02T11:46:53+01:00September 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 |2019-05-02T11:46:53+01:00February 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 |2019-05-02T11:46:54+01:00November 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 |2016-05-12T16:42:51+01:00November 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 [...]

Zurich Insurance v IEG [2015] UKSC 33

By |2019-05-02T11:46:54+01:00June 5th, 2015|Case Notes, Industrial Disease|

Case Background IEG is a solvent Guernsey company, a supplier of gas to the Channel Islands and a subsidiary of a global utilities, transport, energy and timber company quoted on the New York Stock Exchange. IEG is the successor in title of Guernsey Gas Light Co Ltd (“GGLCL”), which for a period of over 27 [...]

The Labyrinth of information: the decision in Spencer v Hillingdon Hospital NHS Trust [2015] EWHC 1058 (QB)

By |2019-05-02T11:46:54+01:00May 20th, 2015|Case Notes, Clinical Negligence|

Case Background The Claimant, Mr Spencer, sought damages for personal injury caused by the alleged negligent actions of the Defendant hospital in the lead up to an operation and in the aftermath. The Claimant underwent an operation to correct a hernia in his right groin. The operation was initially undertaken with use of a laparoscope [...]

Alkaline metal and the heart: Davies v Countess of Chester Hospital [2014] EWHC 4294 (QB)

By |2019-05-02T11:46:55+01:00January 7th, 2015|Case Notes, Clinical Negligence|

Case Background The Claimant in this action sought damages from the Defendant for the wrongful death of her husband, Mr John Davies, for the events which occurred during his time in hospital in early January 2010. Mr Davies attended hospital in the early morning of the 4th January 2010 having felt unwell on the drive [...]

It’s only logical: Davies v University Hospital of North Staffordshire [2014] EWHC 4004 (QB)

By |2016-05-12T16:43:42+01:00December 15th, 2014|Case Notes, Clinical Negligence|

Case Background This was a claim against the Defendant NHS Trust for failure to arrange a brain scan (either a CT or MRI) on two occasions in early 2001. The Claimant subsequently underwent a scan which revealed the presence of a tumour located in the frontal section of the brain. It was accepted by the [...]