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Latest PI & Clinical Negligence News

Important principles for quantification of accidents under foreign law (DHV v Motor Insurer’s Bureau)

PI & Clinical Negligence analysis: This claim concerns the computation of damages in a claim relating to a foreign accident, specifically in Spanish law. Spanish law operates a somewhat harsh system of compensation which imposes a system of fixed tariff damages for injuries of a particular extent or kind. The court was faced with an interesting, but unsuccessful, argument that a recital of the Rome II Regulation undermined those strict regulations. This case is of interest to those practicing in areas relating to foreign law accidents, and includes issues relating to jurisdiction, contributory negligence, quantification of damages in foreign law, and punitive interest. Written by Robert Parkin, a barrister at Deka Chambers.

Health and Safety at Work etc Act 1974 (Amendment) Bill was withdrawn by MP sponsor

The Health and Safety at Work etc. Act 1974 (Amendment) Bill, a Private Members’ Bill sponsored by Plaid Cymru MP Liz Saville Roberts and developed with the Suzy Lamplugh Trust and Rights of Women, was withdrawn by her on 19 June 2025, a day before the Bill’s scheduled second reading in the House of Commons, and will progress no further.

Understanding the Product Regulation and Metrology Act 2025 and what comes next

Commercial analysis: The Product Regulation and Metrology Act 2025 (PRMA 2025) marks the beginning of reform of the UK’s product safety regime. Kate Corby, partner, and Lauren Webb, trainee solicitor, at Baker McKenzie, discuss the purpose, background, and key provisions of PRMA 2025, as well as what is likely to happen next.

When does a struck-out claimant lose QOCS protection? (Read v North Middlesex University Hospital NHS Trust)

PI & Clinical Negligence analysis: This case involved a claim in clinical negligence by a patient of an NHS Trust. The claimant’s claim was struck out. While the judgment provides a useful reminder of the requirements of a clinical negligence statement of case and of the risk of strike out if a party does not adequately plead their claim, the case is notable for its decision as to Qualified One-Way Costs Shifting (QOCS). Although the claimant’s claim was struck out for breach of an Unless Order, the court determined that QOCS protection should be disapplied. The decision provides guidance as to the circumstances in which a claimant will lose QOCS protection following strike out of their claim, how CPR 44.15 should be interpreted and the difference between the procedural method of strike out and the grounds or reasons for strike out. Written by Richard Bantin, senior associate at Capsticks LLP.

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