The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Personal injury

Informed consent – damages?

Suppose a doctor fails to obtain a patient’s informed consent to an operation; are damages recoverable for that failure to obtain consent (irrespective of any damages for pain, suffering, loss of amenity, and financial losses)?  

Subscribers only...
 

Res ipsa – clinical negligence

Res ipsa loquitor means ‘the thing speaks for itself’. In the PI world it has been applied to a wide range of cases, including objects falling from buildings, malfunctioning machines, collapsing cranes, and stones in buns.

The requirements for res ipsa to apply are:  

Subscribers only...
 

Discrimination – civil courts

Most discrimination claims are heard in the ET (because they arise out of employment situations). But, discrimination claims against service providers, Ls, education establishments and associations are brought in the civil courts (county or High Court).  

Subscribers only...
 

RTA insurance – fraud

Can an RTA insurer avoid liability to a third party because of fraud by the policy holder? The answer is ‘yes’ according to the CA’s interpretation of RTA 1988 in EUI [2012] and Sahin [2016]. In those cases it was held that the compensatory guarantee of RTA 1988 can even be circumvented by contractual exclusions and restrictions in cover.  

Subscribers only...
 

Discount rate – next change

The discount rate was set at 2.5% in 2001, and remained at that level until it was lowered to -0.75% in February 2017. Because of complaints by the insurance industry, the Lord Chancellor is to change the approach that is taken when setting the discount rate.  

Subscribers only...
 

Vicarious liability – independent contractor

The question of vicarious liability for the deliberate actions of an independent contractor has recently been considered in the context of claims against a doctor who carried out medical examinations for a bank.

Subscribers only...
 

Defective premises – disrepair?

Under Defective Premises Act 1972, L owes a duty of care if there are defects in the state of the premises. But, this duty only arises if L has an obligation to maintain or repair the premises, or if L has a right (express or implied) to enter the premises to carry out maintenance or repair.

Subscribers only...
 

Law reform – probate fees

The damages that can be claimed under the Law Reform (Miscellaneous Provisions) Act 1934 are limited.

Subscribers only...
 

Credit hire – impecuniosity

An ‘impecunious’ claimant has to be treated differently from a ‘pecunious’ claimant. The test of impecuniosity is, however, somewhat vague. In Lagden [2003] it was said to depend on whether or not the claimant had the ‘choice’ to go into the open market and hire at ordinary credit hire rates.

Subscribers only...
 

Discount rate – change

The change in the discount rate from 2.5% to -0.75% will vastly increase the pay-outs in serious injury cases. For instance, a 25-year-old with a moderate brain injury awarded £100,000 for life would previously have been awarded £3.1m, but with the change to the Ogden rate this would now be £8m. Similarly:

Subscribers only...
 


Page 6 of 47

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

IAG International
MSI Global Alliance
www.totallylegal.com
Join the IBA now!
In House Lawyer