Civil Law Cast

This episode of Civil Law Cast takes a deep dive into the Court of Appeal judgments in Paul, Polmear and Pinnear and seeks to explain the history of secondary victim claims, the development of the doctrine and its application to clinical negligence cases. 

Emily Formby QC and Scarlett Milligan guide you through the conjoined appeals, explain what has happened so far and predict what might happen next.

Case Citations

In the order that they appear in the podcast:

• Paul v Royal Wolverhampton NHS Trust [2022] EWCA Civ 12
• Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310
• Donoghue v Stevenson [1932] A.C. 562
• Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194
• McLoughlin v O’Brian [1983] 1 A.C. 410
• Walters v North Glamorgan NHS Trust [2002] EWCA Civ 1792
• Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588
• Shorter v Surrey and Sussex Healthcare NHS Trust [2015] EWHC 614 (GB) 

In the last of this trilogy of episodes, Emily Formby QC and Romilly Cummerson conclude their discussion about Fatal Accident Act claims by considering the more complicated financial dependency claims including where the deceased was a wealth creator and where the section 4 disregard applies.

In this episode Emily Formby QC and Romilly Cummerson continue their discussion about Fatal Accident Act claims by looking at financial dependency claims.  They look at who can make a claim, what a claim for financial dependency might encompass and at the simple forms of dependency calculations.  Since recording this episode, on 22 June 2021 the case of Chouza v Martin & Ord [2021] EWHC 1669 was handed down which looks at, among other things, a dependency calculation outside the Harris v Empress Motors fractions.

Emily Formby QC and Romilly Cummerson discuss damages in fatal accident claims over three episodes of Civil Law Cast.  This first episode focusses particularly on care claims.  There are two updates to make to this episode.  Firstly, the Fatal Accidents Act 1976 (Remedial) Order 2020 laid before Parliament on 8 May 2019 came into effect on 6 October 2020 expanding bereavement damages to include those who are cohabitees of 2 years plus – resolving the declaration of incompatibility arising from Smith v Lancashire Teaching Hospitals NHS Foundation Trust [2017] EWCA Civ 1916.   Secondly, Witham v Steve Hill Ltd [2020] EWHC 299 (QB) has been granted permission to appeal, the appeal is provisionally listed for 6/7 July 2021.

In this episode, Ashley Pratt provides a conspectus of loss of earnings claims in personal injury and clinical negligence litigation. It covers past loss of earnings and future loss of earnings claims, which includes global awards, Blamire awards, and considers Smith v Manchester claims.

In this episode, Caroline Allen provides a guide to claims for general damages, focussing on claims for pain, suffering and loss of amenity, and Smith v Manchester awards. It covers use of the Judicial College Guidelines and ‘Kemp & Kemp Quantum of Damages’, and advice as to the appropriate circumstances to seek compensation for loss of future earning capacity rather than loss of future earnings. 

In this episode, Vaughan Jacob covers:

• What is the legal basis for care and assistance claims?
• What types of care regime are recoverable?
• How a care claim is calculated?
• What evidence is required?
• How may a care regime be challenged? 

In this episode, Daniel Laking provides an overview of the two main types of accommodation claim: claims for adaption of an existing property and claims for the purchase of a new property. It includes a simple explanation of the recent key decision on accommodation claims: Swift v Carpenter, as well as advice on how to use the new formula in your own cases whether you are claiming or defending. Please for a link to a written worked explanation and example of the formula using the figures from Mrs Swift's case.