Social Worker awarded damages in Strasbourg for unfair accusations of professional misconduct – UK Human Rights Blog

‘The United Kingdom has been ordered by the European Court of Human Rights to pay damages and legal costs to a social worker who was unfairly accused of professional misconduct by a Family Court judge.’

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UK Human Rights Blog, 7th July 2021

Source: ukhumanrightsblog.com

Medico-legal market contracts as Covid hits PI cases – Legal Futures

‘The value of the medico-legal market fell by 18% to £650m last year because of Covid reducing the number of new personal injury cases and slowing down those already in progress.’

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Legal Futures, 8th July 2021

Source: www.legalfutures.co.uk

Grenfell Tower fire: Borough called on to admit liability – BBC News

‘Dozens of Grenfell Tower fire survivors have called on a London borough to admit its “liability” for the blaze.’

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BBC News, 7th July 2021

Source: www.bbc.co.uk

Family of murdered sisters considering suing Met police – The Guardian

‘The family of two sisters whose killer was this week convicted of their murders are considering suing the police over alleged failures to act when they were reported missing.’

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The Guardian, 7th July 2021

Source: www.theguardian.com

Grenfell bereaved and survivors bring multimillion pound case to high court – The Guardian

‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

Reporting restrictions in end of life cases: anonymity for treating clinicians – UK Human Rights Blog

‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’

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UK Human Rights Blog, 6th July 2021

Source: ukhumanrightsblog.com

CA rejects privilege challenge to file access in lawyer negligence claim – Legal Futures

‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’

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Legal Futures, 2nd July 2021

Source: www.legalfutures.co.uk

Twitter ‘troll’ to pay Stephen Nolan six-figure sum in damages – BBC News

Posted July 2nd, 2021 in BBC, damages, defamation, internet, news by tracey

‘A person who used anonymous Twitter accounts to make defamatory remarks about Stephen Nolan has apologised and agreed to pay a six-figure damages sum.’

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BBC news, 1st July 2021

Source: www.bbc.co.uk

Meadows v Khan in the Supreme Court: Scope of Duty in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows’ appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the ‘scope of duty principle’ in the tort of negligence. The judgment can be read here. This short blog looks at the majority’s reasoning.’

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Ropewalk Clinical Negligence Blog, 24th June 20201

Source: www.ropewalk.co.uk

Dad tasered by police at petrol station to sue force – The Independent

Posted June 28th, 2021 in children, damages, firearms, news, police, professional conduct by tracey

‘A father who was tasered by police in front of his five-year-old son is suing for damages, his lawyers have confirmed.’

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The Independent, 26th June 2021

Source: www.independent.co.uk

Supreme Court Revisits Wrongful Birth Claims: an extended look — Robert Kellar QC and Owain Thomas QC – UK Human Rights Blog

‘In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort negligence more generally. In particular, the Court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies. In particular, it is not sufficient for a claimant to establish that – with competent advice – they would have made a different decision about their treatment or care. They must also demonstrate that the particular harm that they have suffered fell within the scope of the defendant’s duty of care.’

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UK Human Rights Blog, 24th June 2021

Source: ukhumanrightsblog.com

NHS worker shot with stun gun in front of son to sue police after IOPC verdict – The Guardian

Posted June 25th, 2021 in children, damages, families, firearms, news, ombudsmen, police, professional conduct by tracey

‘A black NHS worker who was shot with a stun gun seven times in front of his child by Greater Manchester police officers is to push ahead with a damages claim against the force, lawyers have said.’

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The Guardian, 24th June 2021

Source: www.theguardian.com

Claimant has £200k costs paid despite winning only £10 damages – Law Society’s Gazette

Posted June 23rd, 2021 in civil procedure rules, costs, damages, news, part 36 offers by sally

‘A High Court judge has found that the county court was entitled to order costs in favour of a claimant who secured nominal damages of £10 at trial.’

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Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

Court upholds validity of £1 part 36 offer by party awarded £10 – Litigation Futures

Posted June 23rd, 2021 in civil procedure rules, costs, damages, news, part 36 offers by sally

‘The High Court has upheld a decision that a party that made a part 36 offer of £1 and received nominal damages of £10 was entitled to the usual costs consequences of beating their offer.’

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Litigation Futures, 21st June 2021

Source: www.litigationfutures.com

Supreme Court clarifies duty test in Grant Thornton ruling – Law Society’s Gazette

‘The Supreme Court has backed a building society’s claim against its former auditor, in a ruling that provides a “more generous” test for the duty of care owed by professional advisers.’

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Law Society's Gazette, 18th June 2021

Source: www.lawgazette.co.uk

Jamie King loses damages bid over Dunkirk role after son’s death – BBC News

‘Actor Jamie King has lost a High Court bid against an NHS trust after claiming he lost work, including a role in the film Dunkirk, after his son died.’

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BBC News, 17th June 2021

Source: www.bbc.co.uk

Medical agency admin fee “not recoverable” as part of fixed costs – Litigation Futures

‘Defendant solicitors have welcomed a ruling that medical agency costs are irrecoverable under the fixed-costs regime.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

Fully cladding your Particulars of Claim is key – Mills & Reeve

‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Small claims court delays continue to increase – Litigation Futures

‘Delays in cases going through the civil court continued to rise in the first quarter of 2021, throwing a potentially huge spanner in the works of the whiplash reforms which came into force last week.’

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Litigation Futures, 7th June 2021

Source: www.litigationfutures.com

Transport for Greater Manchester v Kier Construction: Notice the little things – Practical Law: Construction Blog

‘Preparing and sending contractual notices always makes me nervous. There are so many things to get wrong: is it in time, where should I send it, who to, how should I send it? Not to mention the actual content of the notice. For those of you like me, the recent case of Transport for Greater Manchester v Kier Construction Ltd shows that we are right to worry about these things. Notices are important, and getting them wrong has serious consequences.’

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Practical Law: Construction Blog, 2nd June 2021

Source: constructionblog.practicallaw.com