Application for Summary Judgment in Clinical Negligence Case

Application for Summary Judgment in Clinical Negligence Case

Summary judgment can be entered by a Court for one party against another at an early stage of the proceedings where the Court considers that either the claimant or the defendant has no real prospect of succeeding or successfully defending the claim and there is no other compelling reason why the claim should proceed to… Continue Reading

Apportionment of Legal Costs

Apportionment of Legal Costs

Amanda Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 (QB) Judgment on costs 28th September 2018 This is a High Court decision dealing with costs. The claimant, Amanda Welsh, had successfully pursued a clinical negligence personal injury claim against the defendant NHS Trust. The normal cost rule is that the defendant would be liable… Continue Reading

Business Liability for Work carried out by Independent Contractors

Business Liability for Work carried out by Independent Contractors

The Court of Appeal gave judgment on 17th July 2018 confirming the circumstances in which a business or organisation will be liable for the conduct of independent contractors and sub-contractors. This is known as vicarious liability. The judgment does not create new law but clarifies the circumstances under which vicarious liability applies. Even if a… Continue Reading

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