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How Should The Court Approach A Case Of Clinical Negligence That Worsens A Pre-Existing Condition?

Reaney v University Hospital of North Staffordshire NHS Trust & Anr [2015] EWCA Civ 1119 Background Causation in cases of negligence is normally decided on a ‘but for’ basis, with the court asking the question ‘but for the negligence, would the claimant have sustained the loss complained of?’ However, cases [...]

By |2020-06-08T10:53:45+01:00June 8th, 2020|Student Case Blogs|

Cycle Licensing – Putting Public Safety At The Forefront Of The UK’s ‘Cycling Boom’.

Two years ago, whilst driving home from work, a cyclist swerved in front of me and was recklessly riding his cycle whilst looking directly at me, clearly trying to distract me.  He followed me home and waited until I parked up before cycling away.  I called the police but unfortunately [...]

By |2020-05-25T09:58:34+01:00May 25th, 2020|Student Case Blogs|

When might a speeding claimant share responsibility for a road traffic accident?

ENRIQUE LEON HERNANDEZ V EMRE ACAR, EUI LIMITED [2019] EWHC 72 (QB) This case covers how responsibility for a road traffic accident can be split between the driver of a vehicle who pulls out with an obstructed view and the driver of a speeding vehicle. The case facts On the [...]

By |2020-04-06T09:41:00+01:00April 6th, 2020|Student Case Blogs|

Does the Bolam test apply in cases of alleged misdiagnosis?

Muller v King’s College Hospital NHS Foundation Trust [2017] EWHC 128 (QB) Background When a patient brings a medical negligence claim against a healthcare professional, it must be determined whether the healthcare professional’s conduct has fallen below the standard required by their duty of care. The test for this was [...]

By |2020-03-23T14:45:10+00:00March 23rd, 2020|Student Case Blogs|

Can the police be responsible for accidental injuries to bystanders?

The case of Robinson v Chief Constable of West Yorkshire [2018] dramatically altered the way in which the public can hold the police accountable. Before this ruling the circumstances whereby the police would owe a duty of care to members of the public, and therefore be liable for damages in the [...]

By |2020-02-28T09:24:43+00:00February 28th, 2020|Student Case Blogs|

Are there exceptions to the duty of confidentiality of employment contracts other than crime and fraud?

In Initial Services Ltd v Putterill [1968] 1 Q.B. 396, the court expanded the situations in which an employee may breach confidentiality in relation to their employer. Whereas previously this was only permitted where the employee uncovered evidence of crime or fraud, the court now permits breaches of confidentiality where [...]

By |2020-01-09T10:41:22+00:00January 9th, 2020|Student Case Blogs|

If a car driver overtakes a motorcycle and crashes into him, is he liable for damages?

The facts of the case: Brown v Paterson [2010] EWCA Civ 184 The case involved a road traffic collision between a motorcyclist, Mr Brown, and a car driver, Dr Paterson. The incident occurred on 9 December 2004 at 9:50 pm on the A420 at a junction. In the original trial, [...]

By |2019-12-10T15:40:08+00:00December 10th, 2019|Student Case Blogs|

Is a dismissal unfair if the employer acted reasonably in coming to its decision?

Case: Chubb Fire Security Limited v Harper (1983) WL 216016 Facts Mr Harper was employed by Minimax as a sales representative in 1969. In 1973, Minimax amalgamated with two other companies to form, Chubb Fire Security Ltd. Under his initial contract of employment, Mr Harper worked on a commission-only basis, [...]

By |2019-10-02T14:11:29+01:00October 2nd, 2019|Student Case Blogs|

Minor Accidents at Work: Can you Claim for Tripping over a Stool?

Student lawyer Joanna Garvey-Smith assesses if the misplacement of a stool could breach workplace health and safety regulations in the case of Robinson v Midland Bank Plc [2000] 10 WLUK 748 and asks “If an employee is hurt in a seemingly trivial workplace accident such as tripping over a stool, are [...]

By |2019-09-13T10:09:24+01:00September 13th, 2019|Student Case Blogs|

Can a GP surgery be liable for the full extent of injuries following a late referral?

Case: Wright v Cambridge Medical Group (A Partnership) [2013] QB 312 Facts In 1998, the claimant, an 11-month-old child, contracted chickenpox. On 9th April, she was admitted to hospital with a high temperature, and developed a bacterial super-infection within a couple of days. However, this infection was not diagnosed by [...]

By |2019-08-30T10:47:35+01:00August 30th, 2019|Student Case Blogs|