Neil Davy recently appeared in a ‘wrongful birth’ case in which the High Court awarded damages to a Claimant for the costs associated with a disability which was unrelated to the Defendant’s admitted negligence. In this respect, MNX v Khan [2017] EWHC 2990 (QB) was said to be the first case of its kind, although […]
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The importance of Various Claimants v Barclays Bank [2017] 1. A good claim becomes a bad one if there is no one against whom to enforce a judgment. 2. A doctor might be uninsured where: a. He has engaged in criminal activity and his MDO have declined cover; b. You are suing him for something […]
XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) In recent years, there has been an increase in the prevalence and social acceptance of surrogacy arrangements in the UK. However, until judgment was handed down in XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB), there were no reported cases in which a […]
Note for Claimants* On 20th March 2017 the discount rate changed from 2.5% to -0.75%. The life multiplier for a 7 year old child with a life expectancy to age 60 changed overnight from 29 to 65, more than doubling the capital value of a future loss claim. This good news brought an as yet […]
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“The most complicated skill is to be simple.” –Dejan Stojanovic The EU Product Liability Directive 1985[1] and the consequent Consumer Protection Act 1987 (“CPA”) were introduced in the aftermath of the Thalidomide scandal. The legislators’ intention was to provide a level playing field for EU manufacturers and, more importantly, a simple and uniform no-fault consumer […]
Read More… from Product liability: Baker v KTM: It is not necessary to show how a defect was caused