Updates and Briefing Papers

Fixed recoverable costs in lower value clinical negligence claims

• FOIL

The Department of Health & Social Care has launched a consultation in relation to fixed recoverable costs (FRC) in lower value clinical negligence claims. The closing date for responses is 24th April 2022. FOIL is considering these proposals and will submit a response.

The revised Highway Code

• FOIL

On 26th January, the Department of Transport confirmed the changes to the Highway Code that will take effect on Saturday, 29th January. The code applies to England, Wales and Scotland.

E-scooters

• FOIL

Subject to the DfT trial of e-scooters current underway (see below) it is illegal to use an e-scooter on a pavement or road in the UK.

Who could be liable for a car driving into a reservoir?

• FOIL

Brown and others v South West Lakes Trust and others (2022) EWCA Civ 18

Police failure to take preventative steps at the scene of an RTA was not negligent

• FOIL

Tindall and another v Chief Constable of Thames Valley Police and another (2022) EWCA Civ 25

Service of an unsealed claim form

• FOIL

Ideal Shopping Direct Limited and others v Mastercard Incorporated and others (and related appeals) (2022) EWCA Civ 14

Psychiatric claims by secondary victims, following clinical negligence affecting the primary victim

• FOIL

Paul and another v The Royal Wolverhampton NHS Trust (and related appeals) (2022) EWCA Civ 12

‘Horseplay’ in the workplace

• FOIL

Chell v Tarmac Cement and Lime Limited (2022) EWCA Civ 7

Product Liability Part 3

• FOIL

Was a flight with four legs (and two carriers) a single booking?

• FOIL

Chelluri v Air India Ltd (2021) EWCA Civ 1953

Supporting the President’s Charity 2021/22

• FOIL

The FOIL President’s chosen charity for 2021 has been the London Air Ambulance Service (LASS) and this will continue during the Presidency of Stuart Hardy in 2022.

Pure omissions cases and relevant exceptions

• FOIL

Rushbond Plc v The JS Design Partnership LLP (2021) EWCA Civ 1889