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Why LITIGATE when you can MEDIATE?

By |2020-08-03T12:03:11+00:00August 3rd, 2020|Articles|

Could mediation be a solution for councils and other public bodies to resolve disputes? Mediation is a form of alternative dispute resolution that has been around for a long time; in fact it dates back to Roman times. A mediator is neither a judge nor an arbitrator, nor even a chairperson. A mediator acts as [...]

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 [...]

Whittington Hospitals NHS Trust v XX (2020 ) UKSC 1

By |2020-05-12T09:49:47+00:00May 12th, 2020|Articles|

The triumph of identity over collectivism? On 1 April 2020, the Supreme Court handed down judgment in the case of Whittington Hospital NHS Trust v. XX [2020] UKSC 14.  This inevitably controversial judgment received scant media attention at the time, given the commencement of the Lockdown.  It is likely that the decision will be the [...]

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 [...]

Costs interim payments: to pay or not to pay?

By |2020-04-23T21:55:22+00:00April 23rd, 2020|Articles|

It is clear that many law firms are feeling the pinch with the slow-down in work brought about by the current corona virus pandemic. Despite efforts to increase the number of cases being heard online the number moving through the system clearly remains low. This will inevitably impact upon firms’ cash-flow. One area where Claimant [...]

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 [...]

Litigation: when is it time to get up close and personal?

By |2020-04-07T09:47:57+00:00April 7th, 2020|Articles|

The recent surge in digital communication is obviously a reaction to the lockdown. The interesting question is whether this will be a temporary phenomenon, or rather what might be seen as an overdue sea change in the use of technology in the law. The technology which can be used to conduct meetings and indeed court [...]

Coronial Law in the wake of Covid 19

By |2020-04-06T21:46:46+00:00April 6th, 2020|Articles|

The chief coroner has issued three sets of guidance: No 34 guidance for coroners on Covid 19 No 35 hearings during the pandemic No 36 Summary of the Coronavirus Act 2020, provisions relevant to Coroners Perhaps the most crucial aspect of the guidance to organisations including Care Homes, Prisons, GPs, medical practitioners and NHS Trusts [...]

Association versus causation: epidemiology versus the law? Part II

By |2019-11-24T18:32:22+00:00November 18th, 2019|Articles|

Pro-Vide Law will be hosting a follow up event to the Seminar at Wadham College Oxford on 11th July. The seminar in July was well received by those who attended.  A quite excellent seminar today at Wadham College, Oxford, on Epidemiology and causation with some seriously impressive speakers. Thank you.  The speakers were all hugely [...]