Insight
Spotlight on three appeal court decisions to look out for in 2023
02/02/23
In this insight we consider tree upcoming court decisions and the impacts of those decisions on the medical malpractice and casualty insurance professionals.
Insight
Fixed recoverable costs (FRCs) – timetable delayed
02/02/23
FRCs in money claims (except clinical negligence) will not be implemented until October 2023 – a second extension of six months on the original timetable.
Insight
Civil Procedure Rules Committee (CPRC) may be the bearer of good news for defendants
02/02/23
Defendants may soon be able to enforce their costs against a claimant’s costs or damages obtained pursuant to a settlement.
Insight
Government prepares for Personal Injury Discount Rate (PIDR) review
02/02/23
The Ministry of Justice (MOJ) has issued a call for evidence to inform the decision-making process for its next PIDR review (due to be completed by July 2024).
Insight
Covid-19 public inquiry: private hospitals may face requests for statements and documents
02/02/23
Module 3 of the public inquiry has a healthcare focus and includes use of the private sector during the pandemic. A virtual and streamed preliminary hearing is scheduled for 28 February 2023.
Insight
Concussion in sport: the next industrial disease claim?
02/02/23
Claims by elite rugby players for neurological impairments alleged to arise from repetitive concussive and sub-concussive blows to the head, are gathering pace.
Insight
Courts will continue to take a robust approach to fraud, but defendants should be rigorous when assessing the strength of their case
02/02/23
The courts’ appetite for making findings of fundamental dishonesty and to give custodial sentences on committal applications, shows no sign of waning.
Insight
Medical Malpractice and Casualty Forward View 2023
02/02/23
In our annual Forward View we look at some of the key topics for the year ahead ranging from the consultation on the discount rate and claims for provisional damages to the Covid-19 Inquiry and claims against private surgeons.
Insight
Private surgeons could face Covid-19 related claims
02/02/23
While the focus to date has been on the NHS (where the cost of Covid-19 related claims is estimated to be over £1 billion), private surgeons could face claims as well.
Insight
Clinical Law Insight: Autumn 2022
22/11/22
We cover the latest on the Covid-19 Inquiry, NHS Resolution's second Early Notifications report, the roll-out of the new Patient Safety Incident Response Framework and the implications of virtual wards.
Insight
The evolving law on non-delegable duty of care
08/11/22
The recent Privy Council decision in the case of Gulf View Medical Centre Limited v Tesheria [2022] UKPC 38 looked at the question of whether or not two defendants had admitted a duty of care for the others’ care.
Insight
Metal on Metal: Product Liability Review; Medical Implants
03/11/22
At our webinar on 29 September, we reviewed Product Claims in a healthcare setting, which can arise in multiple types of claims.