Image © Tero Vesalainen
E-scooter reform needed as illegal rider makes injury claim
A private e-scooter rider, who was injured when he was overtaken by a London bus on a public road, could bring a test case for establishing liability rules in accidents involving e-scooters ridden illegally.
The claimant, a man in his fifties, suffered multiple injuries when he was in contact with the wing mirror of the bus in 2021. He was wearing a hi-visibility jacket and a helmet when the incident happened and took reasonable precautions to ride his e-scooter safely. The current law states that a private e-scooter can be driven only on private land. The only legal e-scooters on public roads are those that can be hired through official schemes. That would appear to prevent anyone riding a privately owned e-scooter, who is injured on a public road, from bringing a claim against a motorist.
A cyclist with similar injuries would be able to claim for compensation.
The case should help to determine riders’ rights to compensation if they are injured on public roads
Recently, the Department for Transport estimated that 750,000 private e-scooters were owned across England, based on survey results from its transport technology tracker.
Last year, the government wrote to retailers with concerns that they were not providing clear, visible and consistent information to ensure customers understood the law.
Read more: https://www.lawgazette.co.uk/news/lawyer-demands-e-scooter-reform-as-illegal-rider-makes-injury-claim/5111092.article
Clinical Negligence: Standard Directions Orders for use in County Court as well as High Court have been updated, January 2022.
The annotated version of the Updated Directions are probably most helpful (see link below).
In particular for expert witnesses:
Agendas and the input of experts into them:
If an agenda is used, “Claimants’ solicitors and counsel should note the obligation to prepare the draft Agenda jointly with the relevant expert. Experts should note that it is part of their overriding duty to the court to ensure that the Agenda complies with the following direction which may be used:
The preamble should state: the standard of proof : the Bolam test : remind the experts not to attempt to determine factual issues : remind them not to stray outside their field of expertise and indicate the form of the joint statement. It will also be helpful to provide a comprehensive list of the materials which each expert has seen,
Alternative Dispute Resolution:
“At all stages the parties must consider settling this litigation by any means of Alternative Dispute Resolution (including round table conferences, early neutral evaluation, mediation and arbitration); any party not engaging in any such means proposed by another is to serve a witness statement giving reasons within 21 days of receipt of that proposal. That witness statement must not be shown to the trial judge until questions of costs arise”.
Read more: https://www.gov.uk/government/publications/clinical-negligence-standard-direction-orders#full-publication-update-history
Government consultation on fixed recoverable costs launched 31st January 2022
A consultation on Fixed Recoverable Costs for Lower Value Clinical Negligence Claims was published recently by the Department of Health and Social Care (DHSC).
The main objective is to provide faster resolution, with legal costs that are proportionate to the value of compensation.
This consultation proposes a new scheme to enable claimants and defendants to achieve faster resolution of ‘lower value’ clinical negligence claims (claims valued up to and including £25,000) at a lower, more proportionate cost than under the current system. This includes:
• a new streamlined process for claims
• limits to the amount of legal costs that can be recovered by claimant lawyers for lower value clinical negligence claims
• The proposals would only affect the amount of legal costs that claimant lawyers can recover following a successful claim, not the compensation that a claimant could receive.
The consultation runs from 31 January to 24 April 2022. It is available to view and comment on in the link below.
Read more: https://www.gov.uk/government/consultations/fixed-recoverable-costs-in-lower-value-clinical-negligence-claims
Four months until The Medico-Legal Conference 2022 in London on 28th June 2022.
Alexander Hutton QC, Hailsham Chambers, has agreed to be Keynote Speaker for the 2022 conference. Several other speakers have now been confirmed including:
Please visit the conference website below for more details and to secure an early-bird ticket for 2022:www.medicolegalconference.com
Please contact craig.kelly@iconicmediasolutions.co.uk for further information if you are interested in sponsoring the programme or hosting a stand at the event in London on 28th June 2022.
The Healthcare Safety Investigation Branch (HSIB) Maternity Investigation Programme Report, and the New Special Health Authority (SHA)
Since April 2018 the HSIB maternity investigation programme has started over 1,000 independent safety investigations in NHS maternity services in England. Once completed, all maternity safety investigation reports are provided to the family and the NHS trust involved to ensure appropriate actions are taken.
Eight prominent themes have emerged through analysis of completed maternity investigations:
Future HSIB maternity investigations will now be conducted by a new Special Health Authority (SHA) after an announcement by Sajid Javid in late January 2022.
The SHA (as yet unnamed) will become operational over 2022-2023 for up to five years and will:
Collaborate with system partners to escalate safety concerns and share intelligence
Read more: https://hsib-kqcco125-media.s3.amazonaws.com/assets/documents/hsib-national-learning-report-summary-themes-maternity-programme.pdf
https://www.hsib.org.uk/what-we-do/maternity-investigations/reports-and-publications/
Group Action Launched Alleging Treloar College Failed in Its Duty of Care for Children with Haemophilia in the Infected Blood Scandal
A group of survivors and relatives of people who died in the infected blood scandal are suing the school where they contracted hepatitis and HIV after being given experimental factor VIII treatment without informed consent.
A group action, lodged by Collins Solicitors in the High Court in January, alleges that Treloar College in Hampshire, failed in its duty of care to several pupils in the 1970s and 80s.
The claim, based on new testimony given by former staff at the school to the ongoing infected blood inquiry, could result in payouts totalling millions of pounds.
Read more: www.infectedbloodinquiry.org.uk
Care home employee dismissed for refusing covid 19 vaccination in January 2021
An employment tribunal has found that a care home employee was fairly dismissed for refusing vaccination in January last year. The requirement was a reasonable management instruction and the employee had no medical authority or clinical basis for refusing.
It will be interesting to see what happens next if reversal of government policy on compulsory vaccination comes into force. See the article by healthcare employment lawyer Martin Cheyne in this issue.
Read more: https://t.co/9F79c1qvd0
GMC acknowledges the pandemic in fitness-to-practise cases
When assessing complaints, The GMC have updated their guidance about dealing with concerns arising during the pandemic. They have confirmed that they will take into account factors such as fatigue, availability of resources and workforce shortages experienced by doctors during the pandemic in their recent report: Supporting doctors during the pandemic - GMC (gmc-uk.org)
Read more: https://www.gmc-uk.org/about/what-we-do-and-why/data-and-research/the-state-of-medical-education-and-practice-in-the-uk
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