Personal Injury Newsletter – February 2022

February 25, 2022

In the February 2022 edition of the personal injury and clinical negligence newsletter:

Martin v Salford Royal – Double recovery?
Gerard Martin QC provides a case report on the interesting decision of HHJ Bird in Martin v Salford Royal NHS Foundation Trust [2021] EWHC 3058 (QB).

Tractors and hurdles: Seeking interim payments in disputed liability cases 
Will Waldron QC examines Stephen v Stephen [2021] 10 WLUK 273, in which Cotter J refused a Claimant’s application for an interim payment even though the claim was likely to succeed at trial.

MAYBE – MAYBE NOT: Provisional Damages
Will Waldron QC expands on discussion of the important question of provisional damages discussed in September’s Newsletter.

Secondary victims in clinical negligence: Where is it going? 
In this article, clinical negligence barrister Paul Kirtley and pupil Jack Scott assess the case of  Paul v Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 and its implications.

The resolution of factual issues in clinical negligence claims
Christopher Barnes discusses the recent case of Freeman v Pennine Acute Hospitals NHS Trust [2021] EWHC 3378 (QB) that provides a very helpful discussion and summary of the existing case law in respect of factual issues.

Decision in Greyson v Fuller Appeal  
Second six pupil Caitlin Edwards provides a useful summary of the decision in the Greyson v Fuller Appeal, that concerned the interpretation of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol) in relation to service of medical evidence.

No-fault compensation in clinical negligence claims – Our views
Following remarks made by Former health secretary Jeremy Hunt earlier this month, members of Exchange Chambers’ clinical negligence team provide their views on no-fault compensation.

AvMA UK’s 32nd Annual Clinical Negligence Conference
Exchange Chambers are delighted to be sponsoring AvMA’s 32nd Annual Clinical Negligence Conference which is taking place on 24th and 25th March 2022 at the Royal Armouries Museum in Leeds. Gerard Martin QC and Matthew Stockwell from Exchange Chambers’ clinical negligence team are also speaking at the event. We hope to see you there.

Click here to view the February 2022 personal injury newsletter.