See an extract from the Introduction to the first Quarterly Report below.
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"2017 has got off to an interesting start. The first seven cases of the year, decided in the High Court and Court of Appeal, were all won by Claimants with the next three being decided in favour of Defendants. There have been some fascinating decisions and no fewer than five clinical negligence judgments in the Court of Appeal compared with two for the whole of 2016. All the cases are listed with links on my blog, but there is also a list of the cases reviewed in this Quarterly Report with links below.
HHJ Robinson’s decision on the scope of the duty of care of an A&E receptionist was upheld by a majority decision in the Court of Appeal. The issue of consent following Montgomery has been significant in two of the leading cases and these are discussed at length in this report. The relevance of the Bolam test to histopathological reporting was considered by Kerr J in Muller v King’s College Hospital. The Courts’ approach to expert evidence was once again a significant feature in clinical negligence case law. Jeremy Baker J adopted and applied dicta of Green J which may become standard text in future skeleton arguments and judgments. The Court of Appeal upheld a trial judge’s approach to an expert’s failure to disclose a connection with a party to the litigation and the Courts’ willingness to openly criticise experts remained evident but with an intriguing reversal of fortunes for two particular experts. The Court of Appeal began the quarter by upholding a generous award in respect of a second home and ended it by upholding a judge who had over-shared his own experiences of knee treatment when dealing with a case involving treatment of a knee. Perhaps the most important development in this quarter has come not from the courts but from the Ministry of Justice with the Lord Chancellor’s announcement of a new discount rate of -0.75% which came into force on 20 March. Although not within my self-imposed remit, I have included a section on the new discount rate in this review."