News & Events
News & Events
Jonathan Hand QC successfully represented the Claimant in this clinical negligence claim, in which judgment was given on 9 November 2021. The following is a summary of the judge’s decision in the case. The claim was brought on behalf of Mrs Miller’s estate together with a claim by her husband and her half-brother, as dependents under the Fatal Accidents Act 1976 after Mrs Miller was involved in a serious road traffic accident in 2016. The background In the accident, Mrs Miller suffered multiple orthopaedic injuries, including multiple fractures. Following arrival at the hospital by air ambulance, Mrs Miller underwent surgery for the fractures and was admitted to the ICU. Several weeks later, by which time Mrs Miller’s condition appeared to…
Clinical Negligence, News 22 Dec, 2021
Daniel Clarke explores the scope of the Rome II Regulation as laid out in Pandya v Intersalonika General Insurance Company. In Pandya v Intersalonika [2020] EWHC 273 (QB) the High Court has given an important decision on the extent to which, in case where a foreign law applies, it is the foreign law (as opposed to English domestic law) which determines the limitation issues. The facts in Pandya were, as in so many cases, very sad. The English-domiciled claimant was just fifteen when on 29 July 2012 she was hit by a motorcycle while crossing the road on holiday in Greece, suffering a serious brain injury. A claim was brought (on her behalf) directly against the motorcyclist’s Greek motor insurer.…
Legal Blog & Publications, Travel 30 Jun, 2020