The extent of a doctor’s duty of care to inform a patient about alternative possible treatments Update 12th Jul 2023Alternative Possible Treatments, Bolam, Clinical Negligence, Clinical Negligence, Duty of care, Hunter, Injury, Legal principles, MontgomeryFOILMcCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26
Northern Ireland Learning Event Write Up – Forensic Collision Reconstruction: A Road Map Update 12th Jul 2023Collision, FOIL, FOIL Northern Ireland, Injury, Motor, ReconstructionFOIL Northern Ireland
Northern Ireland Learning Event – Forensic Collision Reconstruction – A Road Map Update 12th Jul 2023Collision, FOIL, FOIL Event, FOIL Northern Ireland, Injury, Motor, ReconstructionFOIL Northern IrelandNorthern Ireland learning event with Hawkins
Service abroad, compliance with Hague Convention and Third Party procedure Update 3rd Jul 2023CPR & Courts, Event, FOIL, FOIL Ireland, Hague Convention, Overseas Law & Brexit, Third Party ProcedureFOIL IrelandEvent update following a talk from Padraic Hogan BL on the subject of service abroad, compliance with the Hague Convention and Third Party procedure.
Breaking the chain of causation Update 22nd Jun 2023Clinical Negligence, Injury, Injury, Legal, Legal principles, Mere Negligence, Substandard Medical Treatment, Test of Causation, Webb v Barclays Bank (2001)FOILReviewing Jenkinson v Hertfordshire CC [2023] EWHC 872 (KB)
The application of CPR 11 Update 12th Jun 2023Claim form, CPR & Courts, CPR 3 6 7 11, Policy wordings and principles, Protocols and Portals, Rectification, Strike-outFOILPitalia and another v NHS England (2023) EWCA (Civ) 657
NIHL claims under the extended Fixed Recoverable Costs regime Update 6th Jun 2023Claims Portal, Costs, Fixed Recoverable Costs, Injury, Legal principles, NIHL Claims, Protocols and Portals, Sole DefendantsFOILAs part of the introduction of the extended FRC regime, coming into effect on 1 October 2023, changes to the handling of NIHL claims are being introduced. The Pre-Action Protocol for Disease and Illness Claims will be amended on 1 October, to put in place a new Annex E, providing for alternative claims handling processes for NIHL claims worth up to £25k against a sole defendant.
The CJC Review of Costs – FOIL considers the final report Update 31st May 2023Cost budgeting, Costs, Costs, Extension of Fixed Recoverable Costs, Guideline Hourly RateFOILFOIL selectLondon Market FOILSponsorsComing closely behind the draft FRC rules published by the CPRC earlier this month, the CJC has now published its Final Report on its strategic review of costs.
CPR Update – extension of FRC Update 31st May 2023Costs, CPR & Courts, CPR 36, CPR Part 45, Disease, Extension of Fixed Recoverable Costs, Injury, NIHLFOILFOIL selectLondon Market FOILSponsorsThe Civil Procedure (Amendment No. 2) Rules 2023, 156th Practice Direction Update and associated Pre-Action Protocol (PAP) Update have been published.
Layering Claims, Psychological Injury and Tinnitus Update 22nd May 2023Combatting Claims Layering, Duties of Medical Experts, Falsification, Fraud, Injury, Motor, PTSD, Subjective Diagnosis, Tinnitus, Whiplash claimsFOILA panel of speakers looked at the extent which claims layering has increased; how to deal with claims from a procedural point of view; and what is needed from medical expert witnesses.
Presentation slides – Layering claims, psychological injury and tinnitus Update 22nd May 2023Damages, Event, FOIL, Injury, Layering claims, TinnitusFOIL
Ethics of AI in Insurance – Article 3 Update 16th May 2023Ai, AI in Insurance, Ethics of AI, Event, FOIL, TechnologyFOIL