Daniel Green

Proportionality and Recovering Legal Costs – Does Size Matter?

September 8, 2016

Prior to 1st April 2013 it was assumed that any costs which were reasonable in amount and reasonably incurred were recoverable from a successful party’s opponent. Even if the costs were considered to be disproportionate in amount they were still recoverable providing that they were reasonable in amount, reasonably incurred and had been necessarily incurred. […]

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Consenting to what? The issue of informed patient consent post-Montgomery

April 18, 2016

I have previously written about the issue of consent to medical treatment following the Supreme Court Judgment in the case of Montgomery v Lanarkshire Health Board [2015]. Subsequent to the decision in Montgomery the issue of consent has been considered in a number of reported decisions. In addition, I have recently settled a claim on […]

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Clinical negligence legal blog: Williams v Bermuda Hospitals Board – “material contribution” & causation

January 30, 2016

The facts Mr Williams attended A&E complaining of abdominal pain. A scan was ordered but there was a negligent delay before the scan was undertaken. It transpired that Mr Williams was suffering from appendicitis and required urgent surgery to remove his appendix. During the surgery it was discovered that Mr Williams’ appendix had ruptured and […]

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