Contributory negligence: Brushett v Hazeldean

Following on from our recent instruction in the matter of Brushett -v- Hazeldean, we look at contributory negligence and how it applies in Personal Injury claims. What is contributory negligence? Section 1 (1) of the Contributory Negligence Act 1954 states that the Defendant must show that: The…


clinical negligence

Clinical negligence jargon-buster

Clinical negligence can be a minefield of complicated terminology. We’re here to make it all make more sense so have put together a glossary of terms that you might come across in a clinical negligence claim. Clinical negligence This is also referred to as medical negligence or medical malpractice.…


Press release: Our client, Robert Hazeldean

The Personal Injury team is acting for Mr Robert Hazeldean in defending a claim brought against him by Gemma Brushett. Unfortunately, Mr Hazeldean had not felt able to instruct solicitors at the outset due to costs. He therefore tried to deal with the case as a litigant in person. The Claimant took…


Fundamental dishonesty in personal injury claims

Defendants allege fundamental dishonesty in personal injury cases where they believe that the Claimant (the person bring the claim) is acting dishonestly or fraudulently in relation to their evidence. The Defendant will ask the Court to dismiss the claim on the grounds that the Claimant has been…


What is Qualified One-way Costs Shifting (QOCS)?

What is QOCS? Qualified One-Way Cost Shifting (QOCS) applies to all claims concerning damages for death or personal injury commencing after 1 April 2013. When you commence a claim, whether it is a claim for debt recovery or breach of contract, the judge will decide who pays the legal costs. The…


Sepsis - the dangers

There have been many recent stories in the press about death and injury from Sepsis.  Sepsis – formerly known as septicaemia or blood poisoning is a dangerous condition.  It should always be treated as a medical emergency. Once diagnosed, time is of the essence as far as treatment is…


Damages - what can I claim for?

Assessing damages There are many different types of personal injury and medical negligence cases.  Each claim will have a different outcome. One of the first things we do in assessing compensation for our personal injury clients is to work out how much their case is worth. Your solicitor may use…


Medical negligence on the screen - what can you do following a misdiagnosis?

If you have been keeping up with all the drama on the cobbles you will know that the Websters have recently been through a nightmare. Little Jack Webster had a fall and sustained a graze to his knee. Unbeknown to his sister, Sophie, the graze would become infected leading to sepsis. Symptoms of…


Making an accident at work claim

Our personal injury solicitors are frequently contacted by clients who have been involved in an accident at work. Health and safety law requires employers to put measures in place to keep workers safe. This includes providing the relevant information and correct training at the beginning of their…


Medical negligence compensation: Assessing the damages

While the NHS provides an excellent service, unfortunately sometimes things still do go wrong. Misdiagnosis of medical problems or incorrect treatment can lead to complications and can even prove to be fatal. In some instances it is difficult to prove that your ill health is as a result of the…