pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Failure to obtain ATE Insurance: Non-party costs

The Court of Appeal in Heron v. TNT (UK) Ltd [2013] EWCA Civ.469 considered whether or not solicitors who failed to obtain ATE Insurance for their client in a personal injury case and who failed to admit that to him - but without any conscious impropriety - should be subject to a non-party costs order.  The defendant's insurers argued that thereby the solicitors had become a "r... [More]

LCLCBA

The London Common Law and Commercial Bar Association has a new website. http://www.lclcba.com  

Judicial assessment of experts

Fancy some feedback?  The criminal Bar is having to come to terms with the prospect of barristers being formally assessed every year by the judiciary if they wish to continue in practice – under a system called QASA (Quality Assurance Scheme for Advocates).  And civil practitioners are warned that it could be coming their way some time in the future – despite the fact that we... [More]

GP’s “reconstructed” evidential account preferred

In a judgment handed down last week the Court of Appeal upheld a decision in favour of a family doctor accused of negligence for failing to refer a very young baby to hospital with meningitis.  In Doy v Gunn [2013] EWCA Civ 493 the complaint was that the GP wrongly diagnosed colic.  If the child had been immediately referred to hospital then antibiotic treatment would have been a... [More]

Skeletons in the Courtroom

When I was at law school we only allowed to produce skeleton arguments for moots if they did not exceed four sentences in length. It was no easy task, but it really forced one to be as lexically economical and phraseologically elegant as possible.   However since, I have been encouraged to be far more expansive. I have thence been lead to believe that a skeleton argument is a powerful means o... [More]