Category: negligence

Fundamental dishonesty: recent lessons – Quarterly Medical Law Review

Posted March 18th, 2025 in cancer, chambers articles, deceit, delay, doctors, medical treatment, negligence, news by tracey

‘This was a clinical negligence case arising out of a negligently delayed diagnosis of laryngeal cancer, resulting in more extensive treatment for the cancer than would otherwise have been required and, in particular, leading to total laryngectomy. The Claimant now breathes through a stoma in her neck and speaks via a valve located in the wall between her trachea and oesophagus.’

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Quarterly Medical Law Review , 17th March 2025

Source: 1corqmlr.com

Court allows City giant to progress ex-client’s claim on assignment – Legal Futures

Posted March 18th, 2025 in assignment, law firms, limitations, negligence, news, sale of land, time limits, trusts, wills by tracey

‘A major City law firm can continue bringing a case it took on assignment from former clients which could mitigate a possible professional negligence claim, the High Court has ruled.’

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Legal Futures, 18th March 2025

Source: www.legalfutures.co.uk

Don’t be too “seduced” by AI, lawyers warned – Legal Futures

Posted March 17th, 2025 in artificial intelligence, disclosure, documents, legal profession, negligence, news by tracey

‘Lawyers need to avoid being “so seduced” by what artificial intelligence (AI) can do “that they don’t appreciate what it cannot”, a professional negligence specialist warned last week.’

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Legal Futures, 17th March 2025

Source: www.legalfutures.co.uk

Didn’t bother trying to find her. She’s not there – Nearly Legal

Posted March 13th, 2025 in county courts, deposits, housing, landlord & tenant, negligence, news, notification, service, solicitors by sally

‘A county court appeal in a tenancy deposit penalty claim, which is both a catalogue of ‘you don’t want to do it like that’, and has a significant point on the operation of section 48 Landlord and Tenant Act 1987.’

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Nearly Legal, 12th March 2025

Source: nearlylegal.co.uk

Claim against family law firm over alleged negligence reinstated by High Court – Law Society’s Gazette

Posted March 7th, 2025 in conflict of interest, divorce, law firms, negligence, news by Lily

‘A Chancery Lane firm that brought a claim for unpaid invoices totalling £91,000 could now face a potential negligence action after its former client’s counterclaim was reinstated by the High Court.’

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Law Society's Gazette, 6th March 2025

Source: www.lawgazette.co.uk

High Court reinstates negligence claim against top family law firm – Legal Futures

Posted March 6th, 2025 in compensation, costs, damages, divorce, families, fees, law firms, legal advice, limitations, negligence, news, solicitors, time limits by sally

‘A former client of a leading family law firm should be allowed to sue over its alleged failure to advise about its own negligence, the High Court has ruled.’

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Legal Futures, 6th March 2025

Source: www.legalfutures.co.uk

MJF: a re-emphasis on statements of case and evidential rigour – 1 QMLR

Posted March 6th, 2025 in chambers articles, damages, evidence, expert witnesses, medical treatment, negligence, news, witnesses by sally

‘The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in her condition. The importance of the case to practitioners lies not in its determination on substantive law, but in the Judge’s observations on (i) statements of case; (ii) witness statements and witness evidence; and (iii) expert evidence.’

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1 QMLR, 6th March 2025

Source: 1corqmlr.com

Paddleboard firm owner admits manslaughter of four – BBC News

Posted March 6th, 2025 in accidents, guilty pleas, health & safety, homicide, negligence, news by sally

‘A paddleboard tour company owner has admitted to gross negligence manslaughter after the deaths of four people.’

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BBC News, 5th March 2025

Source: www.bbc.co.uk

Disentangling symptoms and their causes – Quarterly Medical Law Review

Posted March 4th, 2025 in causation, chambers articles, hospitals, medical treatment, negligence, news by tracey

‘Tuffin v University Hospitals Coventry and Warwickshire NHS Trust [2024] EWHC 3318 (KB). In Tuffin, the Claimant underwent elective spinal surgery in 2015. In breach of duty, the Defendant failed to administer Clexane (a medication to prevent blood clots) post-surgery. This resulted in the Claimant suffering from a deep vein thrombosis (DVT) and post thrombotic syndrome (PTS). There was no dispute that the DVT and PTS were caused by the Defendant’s negligent failure to administer Clexane. After the surgery, it was also clear the Claimant may have also been suffering from symptoms indicative of complex regional pain syndrome (CRPS). Consequently, in 2018, the Claimant had her left leg amputated.’

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Quarterly Medical Law Review, 3rd March 2025

Source: 1corqmlr.com

Environmental Law News Update – Six Pump Court

Posted February 26th, 2025 in appeals, class actions, damages, disclosure, energy, environmental protection, negligence, news, nuisance, trespass by sally

‘Alame and others v Shell: Court of Appeal provide guiding principles on progressing a large environmental group litigation.’

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Six Pump Court, 13th January 2025

Source: 6pumpcourt.co.uk

Law firm ordered to pay wasted costs after failing to instruct counsel – Legal Futures

Posted February 25th, 2025 in barristers, costs, families, family courts, law firms, legal representation, negligence, news, solicitors, Solicitors Regulation Authority by tracey

‘A law firm was negligent in failing to prepare for a three-day hearing or instruct counsel for it, a Family Court judge has ruled in making a wasted costs order.’

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Legal Futures, 25th February 2025

Source: www.legalfutures.co.uk

High court orders legal aid firm to pay costs in family case – Law Society’s Gazette

Posted February 25th, 2025 in barristers, costs, families, family courts, law firms, legal representation, negligence, news, solicitors, Solicitors Regulation Authority by tracey

‘A family law firm has been ordered to pay costs of the other party after the High Court found it was negligent in the preparation of a family case for a three-day hearing.’

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Law Society's Gazette, 24th February 2025

Source: www.lawgazette.co.uk

Norman Hay Plc (in Member’s Voluntary Liquidation) v Marsh Ltd – 4 New Square

Posted February 18th, 2025 in appeals, causation, chambers articles, insolvency, negligence, news by tracey

‘In this case analysis, Nicholas Broomfield and Diarmuid Laffan discuss Norman Hay Plc v Marsh Ltd, examining its treatment of causation principles in brokers’ negligence claims and its clarification of the limited circumstances in which Dalamd Ltd v Butterworth Spengler Commercial Ltd [2018] EWHC 2558 (Comm) applies.’

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4 New Square, 11th February 2025

Source: www.4newsquare.com

Legal centre and barrister cleared of negligence after five-year fight – Law Society’s Gazette

Posted February 18th, 2025 in barristers, debts, forfeiture, housing, legal advice, local government, negligence, news, rent, repossession, service charges by tracey

‘The High Court has dismissed negligence allegations which had been hanging over a barrister and legal advice centre for more than five years.’

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Law Society's Gazette, 17th February 2025

Source: www.lawgazette.co.uk

The limits of discretion in case management decisions – Quarterly Medical Law Review

Posted February 11th, 2025 in case management, chambers articles, delay, expert witnesses, medical treatment, negligence, news by tracey

‘Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB). The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had caused or materially contributed to an ongoing thromboembolic event in his left vertebral artery, thereby worsening a neurological injury. The claim was brought against two defendants: the hospital trust and a diagnostic clinician.’

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Quarterly Medical Law Review, 6th February 2025

Source: 1corqmlr.com

Solicitors’ Duties: Five Key Principles – 4 New Square

Posted February 10th, 2025 in chambers articles, negligence, news, solicitors by tracey

‘In this article, Melody Hadfield sets out five key principles which determine the ambit of solicitors’ duties and provides insight into how those principles interrelate. Melody has significant experience of solicitors’ negligence claims in a wide range of contexts (including claims concerning conveyancing and other property transactions, corporate restructuring, investments and claims arising from the alleged misconduct of litigation).’

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4 New Square, 30th January 2025

Source: www.4newsquare.com

The need to plead a positive case in defence if you have a positive case in defence – Doughty Street Chambers

Posted January 31st, 2025 in case management, chambers articles, evidence, hospitals, housing, landlord & tenant, negligence, news, repairs by Lily

‘In Man v St George’s University Hospital NHS Foundation Trust [2024] EWHC 1304 (KB), the High Court exercised its case management powers to exclude witness evidence which put forward a positive case on an issue which had been neither admitted or denied in the defence on the basis that the matter was outside the Defendant’s knowledge. The Judge found that this was not permissible. This article considers how this issue arises in the housing disrepair context.’

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Doughty Street Chambers, 28th January 2025

Source: insights.doughtystreet.co.uk

Judge rejects attempt to overturn inquest verdict on Stockport scout’s death – The Guardian

Posted January 31st, 2025 in causing death of children or vulnerable adults, children, inquests, judicial review, negligence, news, unlawful killing by Lily

‘A high court judge has rejected an attempt by a scout leader and an assistant to overturn the findings of an inquest jury that concluded they were responsible for the unlawful killing of a 16-year-old boy who fell from a cliff during an expedition.’

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The Guardian, 30th January 2025

Source: www.theguardian.com

When is a witness an unreliable witness? A case report on MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) – 12KBW

Posted January 30th, 2025 in causation, chambers articles, evidence, medical records, medical treatment, negligence, news, witnesses by tracey

‘Thea Wilson looks at the recent High Court decision in MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) and considers the perennial question of how a court assesses the reliability of a witness in the face of conflicting medical records.’

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12KBW 29th January 2025

Source: clinicalnegligence.blog

NHS trust admits liability for doctor who sexually abused patients – The Guardian

Posted January 15th, 2025 in abuse of position of trust, disciplinary procedures, doctors, hospitals, negligence, news, professional conduct, sexual offences by tracey

‘A hospital trust has admitted liability for the actions of a doctor found to have used invasive and intimate procedures on patients for sexual gratification.’

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The Guardian, 15th January 2025

Source: www.theguardian.com