Category Evidence

HOW MUCH SHOULD A LEG COST? DETAILED CONSIDERATION OF SUITABILITY OF PROSTHETICS

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Swift v Carpenter [2018] EWHC 2060 (QB) Mrs Justice Lambert carried out a detailed consideration of the value and cost of prosthetic legs.   It is unusual for this issue to be considered at length and the judgment is worth reading for that issue alone. …

LOSS OF EARNINGS: CLINICAL NEGLIGENCE AND CAUSATION

The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lead to claims being made which, ultimately, cannot be proven.   An example of this can be seen in the decision of Mr Justice Nicol […]

THE EMPLOYER’S DUTY: THE SUPREME COURT STATES THE IMPORTANCE OF RISK ASSESSMENTS

In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of general application.   It raises interesting issues as to the relevance of “It follows that the employer’s duty is no longer confined to taking such precautions as are […]

BREACH OF STATUTORY DUTY AFTER THE ENTERPRISE AND REGULATORY REFORM ACT 2013 : A SCOTTISH DECISION: DALEKS ARE NOT THAT DANGEROUS AFTER ALL

The precise impact of the ERRA upon liability is still very much open to debate.  Some guidance may be found in the Scottish case of Gilchrist -v- Asda Stores Ltd [2015] CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015. THE CASE The pursuer (claimant to those in […]

FUTURE LOSS OF EARNINGS AT £1,446.431: A HIGH COURT CASE EXAMINED

Continuing with the practice of looking at judicial decisions in relation to loss of earnings we look at  Siegel -v- Pummell [2014] EWHC 4309 (QB)  where Mr Justice Wilkie considered a claim for loss of earnings where a high achieving IT Consultant. THE CASE The claimant was an IT Consultant and suffered injuries in his […]

LOSS OF EARNINGS IN THE CASE OF A CHILD INJURED AT BIRTH: AN EXAMPLE FROM THE HIGH COURT

It is always worthwhile looking at the way a trial judge has awarded damages for loss of earnings. This assists greatly in advising clients as to the likely approach at trial. In Robshaw -v- United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB) Mr Justice Foskett awarded damages for loss of earnings to a 12 […]

LOSS OF EARNINGS OF A SELF-EMPLOYED FEMALE PHOTOGRAPHER: A HIGH COURT CASE CONSIDERED

One of the aims of this blog is to highlight the various approaches that the courts take to claims for loss of earnings. In Tait -v- Gloucestershire Hospitals NHS Foundation Trust [2015] EWHC 848(QB) HH Judge McKenna considered a claim for loss of earnings for a 34 year old self employed photographer. THE CASE The […]