Here’s a summary of what we have been up to:
Henry Slack has been involved in a remote JSM for Eversheds (Birmingham). It was an EL claim, liability admitted where the pleaded case was circa £1 million. He has also been involved in a day long Zoom JSM resulted in the claim settling for £286k, less than a 1/3 of the pleaded value.
Jasmine Murphy has been busy this summer dealing with a variety of Animals Act claims including defending a farmer where the allegation is that a sheep attacked a rambler. Jasmine has also contributed to some of the new liability chapters for Kemp & Kemp due to be published shortly. Using her knowledge and experience in Animals Act cases, Jasmine has co-authored the chapter dealing with accidents involving animals.
Charles Bagot QC continues to be instructed in the leading cases on secondary victims. In the case of Paul v Royal Wolverhampton NHS Trust, Charles was successful in striking out the secondary victim claims before Master Cook:  EWHC 2893 (QB). An appeal by the Claimants was allowed by Chamberlain J following a hearing during lockdown:  EWHC 1415 (QB). An application for a second appeal is pending before the Court of Appeal. Charles is also instructed as Leader in the linked case of Purchase v Ahmed, which was struck out in the County Court although permission to appeal was granted. A ‘leapfrog’ application is pending to transfer the appeal direct to the Court of Appeal, to be linked up with the Paul appeal, if permission is allowed.
Charles also continues to represent NHS Resolution, Insurers and Claimants in mediations and negotiations in some of the largest and most complex fatal accident and psychiatric injury claims. He recently successfully resolved a claim pleaded at over £1.4m for £200,000, at mediation. Recent new instructions for Charles Bagot QC include an unusual wrongful birth claim, acting for NHSR, where the value of the claim is put well into eight-figures, for the cost of bringing up a severely disabled child. Separately, Charles is representing a Claimant in a claim against a well-known private hospital arising from the failure to diagnose an ectopic pregnancy, resulting in emergency complications including the loss of a fallopian tube and a psychiatric injury. He has also been sitting as a Deputy QB Master on range of procedural hearings in large PI, Clinical Negligence and Abuse claims, as well as a Recorder in the County Court.
Colm Nugent has been involved in a number successful JSM/medications:
- M v C A seven-figure settlement in a claim for a professional equestrian rider whose long-term injuries limited his ability to compete in the very top flight events, including the Olympics. The claim involved a wide array of experts including, spinal, psychiatric, urology, gastroenterology, lower limb, biomechanical, forensic accountants, equestrian business experts and care. The parties were involved in no fewer than two JSMs and two medications before resolution was finally reached this summer.
- ‘EO’ ; clinical negligence action in which a planned c-section led to the emergency removal of the claimant’s uterus;
- ‘KB’ : stable-hand and part-time trainer who sustained serious abdominal injuries when kicked by horse whilst lunging
- ‘AvN’ : multi-car accident on a dark motorway leaving the claimant with permanent long-term neurological damage;
- ‘BvM’ : claimant sustained serious head injury after falling from scaffolding he himself constructed: liability resolved, quantum yet to be determined.
Of the new instructions received, Colm is most animated about his first tripping claim in some years. Normally these claims result in relatively minor injuries, but in this instance, sadly, the fall resulted in the clamant sustaining serious spinal damage and now being confined to a wheelchair. The claim partly turns on the allegation that the local authority to properly classify the road; an argument Colm previously fought and won in the reported decision of Peverill v LB Hillingdon.
Nye Moloney’s highlights include settling a clinical negligence claim arising out the negligent treatment at home by a paramedic for a six-figure sum. He also settled a High Court claim on favourable terms shortly before trial; and succeeded in a date of knowledge argument in a trial on limitation.
Gemma Witherington has been sitting as a Recorder in the County Court hearing a variety of personal injury and clinical negligence disputes. She is currently drafting a counter schedule on behalf of the NHSR in a large and complex secondary victim claim, dealing with the analysis of losses across a number of jurisdictions including the USA and Canada. She is also acting in a number of fatal accident claims, including representing the bereaved families of three 16 years old boys who were killed by a drunk driver. She managed a family trip to Greece and possibly a shot of ouzo or five.
Helena Drage has been instructed on behalf of claimants in claims arising from negligent dental treatment. She has also worked towards the successful settlement of a claimant’s claim involving issues of informed consent to surgery and unnecessary medical treatment. Other highlights include settling pleadings for multiple claimants who suffered complex orthopaedic injuries in road traffic accidents, working towards the successful settlement of a multi-track matter for serious orthopaedic injuries with neurological implications arising out of a road traffic accident and advising on quantum in respect of various claims involving traumatic brain injuries and stroke. Additionally she has been instructed for claimants and defendant in claims involving accidents at work involving allegedly defective work equipment. Finally she has been successful at trial instructed on behalf of the defendant in respect of a contractual dispute.