Category Clinical Negligence

THE DANGERS OF RELYING ON EXPERT EVIDENCE: BEWARE YE THE PARTISAN EXPERT: “UNBALANCED AND HIGHLY MISLEADING”

Some types of litigation are heavily reliant upon expert evidence.  Clinical negligence cases are often determined by the judge’s assessment of the experts involved.  It is disturbing to see the matters raised in  judgment today of His Honour Peter Hughes (sitting as a Judge of the High Court) in Watts -v- The Secretary of State […]

WITNESS STATEMENTS: WHEN CAN A LAY WITNESS GIVE OPINION EVIDENCE?THE STATUTE, THE CASES & SOME GUIDANCE

I have written, many times, about the dangers of putting opinion evidence into witness statements.  The attempts of witnesses to be experts, or to tell the judge what the outcome of the case should be, can lead to robust adverse comments* . However, as in most things, there is an exception to this rule.   […]

REVISITING WHITEHOUSE -v- JORDAN 2: ON THE LAWYERS DRAFTING THE EXPERTS’ REPORTS

The first post in this series on the judgments in Whitehouse -v- Jordan in the Court of Appeal and House of Lords  looked at the point that, at the appeal stage, the courts were only concerned with whether they could overturn findings of fact.  These were not appeals about the law of clinical negligence. These […]

RE-VISITING WHITEHOUSE -v- JORDAN 1: THESE APPEALS WERE NOT ABOUT CLINICAL NEGLIGENCE AT ALL: IT’S ALL ABOUT THE FACTS

The decisions of the Court of Appeal and House of Lords in Whitehouse -v- Jordan are often put forward as seminal cases in the law of clinical negligence.  However these appeals, in reality, were not about issues relating to clinical negligence at all.  In a series of posts I want to look at aspects of […]

FAILING TO FILE A COST BUDGET AND REFUSAL TO GRANT RELIEF FROM SANCTIONS: A HARSH LESSON

If a litigation solicitor is ever given the job of designing wallpaper here are the three key things that should form the recurring motif. The costs budget is due 21 days before the first case management conference. Where the claim is under £50,000 the costs budget has to be filed with the directions questionnaires. If […]

“SECOND” ACTION FOR CLINICAL NEGLIGENCE NOT STRUCK OUT AS AN ABUSE OF PROCESS

In the judgment today in Wright -v- Barts Health NHS Trust [2016] EWHC 1834 (QB) Mr Justice Edis refused the defendant’s application to strike out the claim or for summary judgment on the grounds that the claimant had settled an earlier claim for damages. the defendant Trust was liable to pay different elements of the claim […]

PROVING THINGS 26: DISTINGUISHING BETWEEN WHAT YOU CAN REMEMBER AND WHAT YOU NOW THINK YOU DID

There have been a large number of posts on this blog about witness evidence, in particular the way that the courts assess the accuracy of evidence.  A surprising number of these have been in the context of clinical negligence claims.  Another example of the difficulties concerned can be seen in the judgment of Sir Alistair […]