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At a time when claimant solicitors are being limited in the costs they can seek, we have seen an influx of pre-action disclosure applications. In particular applications have been made prior to the expiry of the time period allowed under the protocols or even where disclosure has already been made.
The attitude taken towards compliance with the pre-action protocols has not been in keeping with the purpose or the sprit of the protocols in allowing early communications between claimant and defendant and where appropriate to settle the issue between the parties. This, one might think, might be more about cash flow than justice. What is more, the costs have jumped significantly, in several cases to just under £1000.
How should such applications be dealt with? Firstly, ensure that there is no cause for applications to be made. However, where an application is made without merit, this should be contested and in doing highlight that they run the risk of paying your costs!
The Supreme Court has today delivered its judgment on the case of R (on the application of Maughan) v HM Senior Coroner for Oxfordshire. This decision has serious implications for NHS organisations, which are considered in more detail below.
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Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.
The GMC updated guidance on 'Decision making and consent' comes into effect today, on 9 November 2020, replacing the previous guidance.
The decision in TC (Urgent Medical Treatment) [2020] concerned a 69-year-old woman with advanced cancer of the larynx. An urgent application was brought on behalf of the trust to authorise a 6-8-week course of chemo-radiotherapy requiring restraint.
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