Blogs by Cassandra Williams

2 November 2021 - Written by Cassandra Williams

Uncontroverted Expert Evidence Is Not Incontrovertible

The Court of Appeal handed down judgment last month allowing the Defendant’s appeal against the decision of Martin Spencer J in the case of Griffiths v TUI UK Ltd. The High Court decision is discussed in the author's blog entitled “The L...

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6 August 2021 - Written by Cassandra Williams

Further Developments on Pleading Fundamental Dishonesty: Covey v Harris [2021] EWHC 2211 (QB)

The court in Covey v Harris [2021] EWHC 2211 (QB) acceded to the Defendant’s application to amend its defence to plead fundamental dishonesty made less than a m...

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22 June 2021 - Written by Cassandra Williams

Local Standards Not Necessarily Determinative of the Standard of Care in Package Holiday Claims: TUI v Morgan

In TUI v Morgan [2021] PIQR P12, the Respondent, Mrs Morgan, sustained injury whilst on a package holiday to Mauritius, which she purchased from the Appellant, TUI. She was walking along an outdoor, unlit sun terrace at the hotel where she was staying when sh...

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20 April 2021 - Written by Cassandra Williams

Clinical Negligence Cases: When the Bolam Test Does Not Apply

The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid...

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18 March 2021 - Written by Cassandra Williams

The Limitations of Challenging Uncontroverted Expert Evidence

An appeal is currently outstanding from the significant decision made on appeal by the High Court in Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB). The Decision at First Instance The p...

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19 February 2021 - Written by Cassandra Williams

Fundamental Dishonesty in Clinical Negligence Cases: Unreliable Does Not Necessarily Mean Dishonest

In Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts, sitting as a High Court Judge, declined to make a finding of fundamental ...

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17 December 2020 - Written by Cassandra Williams

Medical Records in Civil Proceedings

Claimants often rely on medical records as evidence to corroborate their case as to the nature and extent of their injuries in personal injury litigation.  Conversely, Defendants often use a Claimant’s medical records against them where those records c...

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30 June 2020 - Written by Cassandra Williams

Proving Causation in Clinical Negligence Claims: Pitfalls and Hurdles

In the context of clinical negligence cases, causation can be just as tricky to establish as breach, perhaps even more so. The difficulties arise in part because many of these cases involve Claimants who were injured or ill before seeking the treatment or advice that ...

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