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Infant approvals – success fees and ATE

This is a checklist of the CPR provisions on the extent to which success fees and/or ATE premiums can be deducted from a child’s damages:

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Disclosure – NHS records

The Clinical Disputes Pre-Action Protocol specifically says that a request for medical records by the claimant will normally include a request ‘for any relevant guidelines, analysis, protocols or policies and any documents created in relation to an adverse incident, notifiable safety incident or complaint’.

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Costs – delayed disclosure

’Conduct’ can always be relevant when deciding on costs. Firstly there is the court’s overall discretion (44.2), and secondly it is one of the factors to specifically be taken into account when deciding costs (44.4). A recent case is of interest because a successful defendant ended up paying costs because of his delayed disclosure.

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Part 7 – fixed costs?

Suppose a low-value RTA claim exits the Protocol with a Part 7 claim which is allocated to the multi-track. Do fixed recoverable costs apply?

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Fraud – contempt of court

   A claimant alleged his wrist had been injured by a trip on a raised curb stone. Apart from his own witness evidence, he relied on statements from two friends who had been with him and who confirmed ‘there was nothing else that could have caused him to fall’. However, within a few hours he posted a Facebook comment to friends saying the accident had been caused by alcohol and an icy pavement.

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Strike out – incorrect CNF?

Can a claim be struck out because the claims notification form has been completed incorrectly? A recent case shows that it can.

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Huntington’s – duty to children?

Is a doctor under a legal duty to warn a patient’s children of being genetically at risk?

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Damages – loss of parenthood?

Is it possible to claim damages for ‘loss of parenthood’? This is the issue that arose in the Bristol sperm destruction cases (male cancer patients had been advised to lodge sperm in a sperm bank, but the samples were not kept properly). While there was clearly a duty of care, was there actually a legal claim?

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Limitation – contribution claim

There is a standard two-year limitation period for bringing a contribution claim (s10 Limitation Act 1980). But, from what date does time start running? There are two possibilities:

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Emergency vehicles – negligence

In considering liability for accidents involving emergency vehicles, the courts have to perform a balancing act. On the one hand, those injured should not be denied compensation merely because the other vehicle was on an emergency call; on the other hand, if liability is too strict then the bill for the emergency services will be prohibitive, and drivers of those vehicles will be inhibited in their driving.

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