Share on LinkedIn Tweet This Share on Facebook Share Tweet Share Injury and Clinical Negligence Newsletter September 2017 Dear Reader,Welcome to the September edition of our Personal Injury and Clinical Negligence Newsletter. The team have had a busy summer and we are very happy to welcome Aneurin (Nye) Moloney to the team. Aneurin was called to the Bar in 2013 but his career in personal injury and clinical negligence started long before that. In 2006, while working for Metcalfes Solicitors in Bristol, Aneurin developed an interest in personal injury and clinical negligence claims and went on to qualify as a Legal Executive and then a Solicitor before transferring to the Bar. Aneurin’s practice includes complicated inquests and medical negligence, including medical product liability. He is currently being led in the litigation arising out of the use polypropylene surgical mesh (used in trans-vaginal tape). Aneurin also finds time to write a blog. You can read Aneurin’s latest round-up of clinical negligence cases from June to August 2017 here. In this edition Jasmine Murphy looks at the changing arena of liability for horse-riding accidents and Aneurin Moloney considers the application of the res ipsa loquitur doctrine in clinical negligence cases. We have some forthcoming events coming up including our popular Breakfast Seminar on 30 November 2017 where you can combine consuming breakfast food with consuming our knowledge and tips. Additionally we always enjoy a good game of ping pong over pizza and if you would like to challenge us (champagne to the winner) do get in touch with Natasha Devlin-Clingham and arrange a date.Happy reading,Hardwicke Personal Injury and Clinical Negligence Team Activity report - What we have been up to In between finalising her forthcoming wedding plans, dress fittings and cake tasting, Gemma Witherington has been working on advices in secondary victim claims. She has also successfully settled a clinical negligence action in excess of half a million pounds. She also found time to climb Snowdon!Robert Whittock is being led by Colm Nugent on a brain injury case arising from a road traffic accident. Whilst usually on the side of the angels he has recently been instructed by a number of insurers that has resulted in a disposal hearing being vacated and default judgment being set aside at the 11th hour and a driver in the middle of concertina RTA escaping a finding of liability.Jasmine Murphy has been in court arguing about the scope of pre-action admissions. She was successful in her application that a pre-action letter stating that “liability will not be in issue” was and admission of all aspects of liability, including contributory negligence. In addition Jasmine recently settled a case for a high-earning General Practitioner where the main issue was whether it was reasonable for the claimant to retire early as a result of the injury and if so, what was her measure of loss.Charles Bagot has recently received a reserved judgment in which he was successful in striking out a psychiatric injury claim on behalf of the NHS. The Claimant’s husband had been negligently discharged, without a key blood test being carried out, which would have identified that he had had a heart attack and needed further treatment. Just over a day later, he suffered a further heart attack when at home with his wife, from which he subsequently died. The Court decided that the widow’s secondary victim claim should be struck out for want of proximity and the necessary shock as a matter of law.Charles has successfully concluded a seven-figure settlement (subject to Court approval) arising out of a catastrophic brain injury caused by hyperhydration (water intoxication). The mentally disabled Claimant was taken swimming by her carers and negligently allowed to ingest large quantities of pool water.The High Court has approved a settlement at US$7.5m for an American student who suffered a catastrophic injury in a road accident, whilst studying in the UK. She was repatriated post-accident and some interesting quantum issues arose including whether the higher US discount rate or the lower UK rate of -0.75% should be used to calculate damages. Charles acted for the Defendant’s insurers. Charles swam across the Solent from the mainland to the Isle of Wight, for a sporting charity, on 2 September. Any sponsorship would be much appreciated by him (and the charity) - you can do this here.Rebecca Greenstreet (nee Jones) has recently moved to Sydney, Australia, and is spending the start of a 2 year sabbatical writing a book entitled "A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims", which is due for publication in January 2018. Comment Tightening the Reins: horse-riding accidents and the Animals Act 1971 Jasmine Murphy Jasmine Murphy tells us what has changed in the world of the Animals Act. Judicial criticism of the Animals Act 1971 is not new. Only a few years after it came into force, Lord Denning accurately predicted the future when he said of s.2(2) “The section is very cumbrously worded and will give rise to several difficulties in the future”. (Cummings v Grainger  QB 397) Click here to read the full article. Res Ipsa Loquitur in Clinical Negligence Cases Aneurin Moloney Aneurin Moloney takes a closer look at the rule of evidence and how it applies in clinical negligence. The maxim res ipsa loquitur or ‘the thing speaks for itself’, is a long-standing rule of evidence more commonly utilised in other areas of personal injury law. In a PI setting it has been applied in a wide range of cases including objects falling from buildings, malfunctioning machines, collapsing cranes, and stones in buns. Click here to read the full article. Top Tweets @CivilLitTweet Had a con in York today & took photos of the places mentioned in a judgment #livingthedream http://bit.ly/2f0OIJD @Wigapedia The real key to successful ADR? Decent sandwiches. @krug79 Times reports lady injured by shattered £2 bottle of Lambrini. Could have been worse. She might have drank it. @CruellaCivil This week I have mostly been doing myself out of fees by suggesting to my instructing solicitors that they go and read Gordon’s blog @CivilLitTweet @manwhohasitall Congratulations to all MALE LAWYERS for juggling housework AND a career. Some EVEN have kids too! How DO they do it? #flipthescript Hardwicke Unrobes…. Aneurin Moloney What was your first ever job? Working in a sandwich shop in Bristol. They gave me a certificate when my average reached over 50 sandwiches per hour! Who is your favourite fictional legal character? Possibly Saul Goodman: “Some people are immune to good advice.” What was your most embarrassing moment in court? I did some crime in my pupillage, and have the rare distinction of a judge discharging the jury 2 minutes into my opening speech. This may be a record! My biggest pet hate is … An unruly local cat because he bullies my cats, Bear and Bella. What are the best/worst things about being a barrister? Best is the privilege and challenge of advocacy. Worst is late nights and early starts, especially in winter… Outside the law, what do you like doing? Travelling, particularly when this includes wildlife and/or sporting elements. Cricket and Bristol Rovers (football) are my biggest sporting passions. Not many people know that… The correct pronunciation of my name is “An-eye-rin”. But ‘Nye’ for short is perfectly fine and much easier to say. Contact us This edition of the Injury and Clinical Negligence Newsletter was edited by Jasmine Murphy. If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team: Deborah Anderson, Practice DirectorMelissa Wood, Practice ManagerNatasha Devlin-Clingham, Practice ManagerPaul Nuttall, Practice ManagerTo find out more about our Personal Injury and Clinical Negligence team and their work, visit the Personal Injury and Clinical Negligence pages on our website.