October's Health and Social Care Information Service - oct 08

Exaggerated and fraudulent claims

The recent case of Joanne Kirk v Carol Walton (2008) provides a reminder that Defendants do not always have to suffer in silence where there is clear evidence of a Claimant exaggerating his or her claim.

NHS Redress (Wales) Measure 2008

The above measure came into force on 9 July 2008. Not only was it the first Welsh law for nearly 1000 years, it was also the first bi-lingual law to be passed by British legislature.

Equipment claims case report

The Claimant brought a claim following the death of his wife in hospital after she fell out of bed on two occasions in June 2004. The Claimant accused the Trust in question of accelerating his wife’s death.

Service with a smile

As of 1 October 2008, there are new rules for service of documents, when The Civil Procedure (Amendment) Rules 2008 came into force. There are no transitional provisions. The amendments have seen that the old Part 6 has been replaced and Part II of the new Part 6 deals only with service of the claim form, which is often a contentious issue.