/Charles Austin

Paul v The Royal Wolverhampton NHS Trust: a new hope for secondary victim claims?

By |2020-06-11T10:30:25+00:00June 11th, 2020|Articles|

Secondary victim claims have long been considered controversial. Lord Dyson MR described the law as ‘arbitrary and unsatisfactory’ in the decision of Taylor v A Novo [2013] EWCA Civ 194. Despite strict judicial control of this area (especially at appellate level) there is a continuing sense that the law does not reflect society’s change in [...]

Breach of duty and corona virus: not so abstract after all

By |2020-05-11T10:34:51+00:00May 11th, 2020|Articles|

Since the start of the corona virus there has, understandably, been increased speculation about the knock-on effect to clinical negligence cases. A particular concern is whether the extra pressure placed upon NHS services and the allocation of resources will lead to a surge in claims. The typical scenario would be a patient that attends hospital [...]

Statistics: just another brick in the wall

By |2020-04-09T15:19:38+00:00April 14th, 2020|Articles|

The complex question as to when and how statistical evidence should be used in clinical negligence cases was again considered by the Court of Appeal in Schembri v Marshall[2020] EWCA Civ 358. The decision provides a helpful summary of how such evidence is to be approached and its application to individual claimants. Whilst the conclusion of [...]

Understanding limitation moratoriums/standstill agreements

By |2020-04-08T10:51:02+00:00April 8th, 2020|Articles|

Limitation should always be at the forefront of lawyers’ minds, but this is especially so given the difficulties being faced due to COVID-19. An understanding of the tools at your disposal should help to limit the difficulties faced and one key tool is a limitation moratorium or standstill agreement. The first point to consider is [...]

Is serving medical evidence with Particulars of Claim mandatory?

By |2020-04-01T13:12:23+00:00April 1st, 2020|News Stories|

I have recently had a number of solicitor clients asking me whether it is mandatory to serve medical evidence when serving Particulars of Claim. This question has taken on a renewed importance in light of the current COVID-19 crisis as many Claimant solicitors struggle to obtain medical evidence within the limitation period. This area is [...]

Upcoming Event: 11th July 2019

By |2019-07-10T16:20:46+00:00May 9th, 2019|Events|

Association versus Causation: Epidemiology versus the law? Date: 11th July 2019 Registration: 9.45 – 10.15am Sessions: 10.30 – 4.30pm Venue: Moser Room, Wadham College, Oxford This conference will bring together leading medical and scientific experts with practising and academic lawyers. The intention is to bring some clarity and coherence to the controversial subject of the [...]