News & Updates
Articles matching "damages"
Supreme Court considers the hot topic of "Loss of Chance" in professional negligence claims
Last week the Supreme Court ruled in the case of Edwards on behalf of the Estate of Watkins v Hugh James Ford Simey ( HJFS) . The question before the court was whether the value of the lost chance in…
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Injuring the injured: the ‘but for’ test survives
The Court of Appeal in Reaney v University Hospital of North Staffordshire NHS Trust has this month clarified the principles involved in quantifying a claim when a claimant already has a pre-existing…
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New Judicial College Guidelines expected to add to claims inflation
The new 13th edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases was published last month.
Read moreProsthesis selection in an amputation case
David Woolley examines a discrete point arising in a clinical negligence case involving the amputation of a 63 year old claimant’s leg. Miller v Imperial College Healthcare NHS Trust (2014)
Read moreTotham v Kings College Hospital NHS Foundation Trust (2015): Rehabilitation & the Lost Years
The recent judgment in Totham v Kings College Hospital NHS Foundation Trust (2015) covers a range of issues involved in the quantification of damages following a brain injury sustained at birth. Dan…
Read moreInjuring the injured: quantifying the defendant’s liability
Philip D’Netto reviews Reaney v University Hospital of North Staffordshire NHS Trust (2014) which looks set to reopen the debate about how to quantify the defendant’s liability when a claimant has a…
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Significant damages awarded to family members in fatal disease cases
Over the past few months, the Court of Session has issued two significant judgements after considering the appropriate level of damages to be awarded to various family members following the death of a…
Read moreSignificant damages awarded to three grandchildren following death of grandfather
At the end of July, the decision was issued in the case of Stuart and others v Reid and the National Insurance and Guarantee Corporation Limited, in which awards were made to three grandchildren…
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