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With HXA v Surrey County Council [2023] UKSC 52 having all but closed the door to common law claims (despite the Supreme Court maintaining in HXA that there might be examples of an assumption of responsibility arising on particular facts), claimants have…
In this Deka Chambers Personal Injury Team briefing we are focusing on recent topical developments in the quantum and settlement fields.
Hugh Rimmer provides a practical assessment of the case of Barry v MOD, which addressed the correct approach to adjustments for…
This week the team look at what some will find a surprising development in the doctrine of novus actus interveniens in the context of medical interventions, and ask whether we’re likely to see an increase in claims against the NHS as a…
In yesterday’s webinar, Paul Stagg, Ella Davis and Susanna Bennett spoke about causation in clinical negligence claims. They covered causation issues which frequently crop up in practice, including:
The difficulties of establishing causation in consent claims: the subjective test, the influence of…
Welcome to the March 2023 edition of the Clinical Negligence briefing. Here, Laura Begley and Ella Davis bring you commentary on some of the notable clinical negligence cases reported over the last few months, touching upon a range of issues from consent…
As the Retained EU Law (Revocation and Reform) Bill wends its way towards Royal Assent, we were interested to witness an early example of the unintended consequences that might result from its implementation. Readers will already be aware that the Bill, when…
It is now seven years since the Supreme Court handed down judgment in Montgomery v Lanarkshire Health Board [2015] AC 1430, and although that judgment has significantly changed the legal framework underpinning informed consent claims, the presentation of expert evidence in such…
Deka Chambers is a pre-eminent common law Set. We are proud of the range of market leading expertise we offer across our different practice areas. At the heart of our ethos is celebrating those things that connect us as well as championing…