Insights

A recent case concerning the death of a patient has re-ignited the debate as to whether the duty of candour is an effective tool. The duty of candour is a statutory duty which has several key princ...

One of the most common considerations in litigation is the issue of conflict of interest and experts. Where a conflict of interest is found to have occurred and not been declared, the likelihood of...

The current pandemic has disrupted all our lives in every sense.  That is the same with legal issues as with anything else. In fact civil litigation has been hit less hard than criminal practice w...

In my last piece, I identified the issues with providing evidence to support a claim.  It is the claimant’s burden to establish a case in clinical negligence on the balance of probabilities.  Howe...

The recent high profile case involving the Post Office and the former workers known as Bates & Others v The Post Office Limited is a reminder of the need to have an evidential basis for cases whic...

The Royal College of Surgeons has issued new guidance for surgeons wishing to act as expert witnesses. This guidance applies whether a surgeon is a witness in civil, criminal or coroner-type cases....

Many years ago, I listened to a talk by Professor Kevin Fong who is a consultant anaesthetist but also has worked with NASA Human Adaptation and Counter Measures Office.  He was dealing with the diff...

As every solicitor working in personal injury and clinical negligence knows, the introduction of fixed recoverable costs causes difficulties for the claimant.  Whilst the costs recovered for successf...