Causation and the Claimant’s natural disadvantage
Posted in Medical Negligence on 21st Jan 2021
What a claimant must prove
In a claim for clinical negligence, a Claimant must broadly prove two things. First that an error has occurred in their treatment. Second, the Claimant must prove that the error has caused them to suffer a loss i.e. a physical and/or psychological injury. This is known as Causation and is often a difficult hurdle in clinical negligence claims.
To prove the second limb of this test, that an error has caused the Claimant loss, the Claimant must prove on the balance of probabilities what would have happened but for the negligence...
Covid-19 & business interruption insurance...
Posted in General News on 15th Jan 2021
The Supreme Court today has ruled that insurers should pay out under business interruption clauses that were being disputed and were brought as a result of the coronavirus pandemic.
This relates specifically to a number of insurance claim disputes between small businesses who had been negatively impacted by the first lockdown in March 2020 and their insurers. This includes thousands of businesses such as hairdressers, restaurants, pubs and more.
These small businesses will now receive a payout from their insurer as a result of the ruling, which...
Covid-19 and business interruption clauses:...
Posted in Dispute Resolution on 2nd Oct 2020
The eagerly anticipated judgment of The Financial Conduct Authority v Arch and Others was handed down by the High Court on 15 September 2020 bringing some helpful clarification to the meaning of Covid-19 in respect business insurance policies.
Background to The Financial Conduct Authority v Arch and Others
Following the outbreak of Covid-19, many UK business faced serious working limitations or mandatory closure in light of the government lockdown rules.
On 5 March 2020, Covid-19 was confirmed to be a notifiable disease in England and Wales by...
