‘The businessman who organised the flight that crashed and killed footballer Emiliano Sala has been found guilty of endangering the safety of an aircraft.’
The Independent, 28th October 2021
Source: www.independent.co.uk
‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’
Ropewalk Clinical Negligence Blog, 19th October 2021
Source: www.ropewalk.co.uk
‘The High Court has imposed indemnity costs on a family that claimed damages for distress after a law firm accidentally sent an email about outstanding school fees to the wrong person.’
Legal Futures, 21st October 2021
Source: www.legalfutures.co.uk
Leicestershire police were guilty of multiple serious and inexcusable failures to properly investigate allegations of child sexual abuse against the late Labour peer Greville Janner, according to a damning report.’
The Guardian, 19th October 2021
Source: www.theguardian.com
‘This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting.’
Ropewalk Clinical Negligence Blog, 12th October 2021
Source: www.ropewalk.co.uk
‘A journalist has been awarded more than £80,000 in damages against a London-based investigative website and its CEO – a press freedom campaigner – after claiming she was duped into joining the organisation only to find out it was a propaganda vehicle for the UAE and Egypt.’
The Guardian, 11th October 2021
Source: www.theguardian.com
‘Leading London law firm Withers has fought off a £12m claim on the basis of causation after the High Court ruled that it gave negligent advice to a property developer.
However, His Honour Judge Pelling QC, sitting as a High Court judge, found that the firm gave negligent advice on a settlement agreement, leading to an award of £270,000 in damages.’
Legal Futures, 1st October 2021
Source: www.legalfutures.co.uk
‘A man with longstanding mental health issues walks into a pub with a can of petrol and a knife. He proceeds to pour the petrol on himself and says he is going to burn the pub down. The police are called, he is arrested and whilst in police custody, he undergoes a Mental Health Act assessment. It is alleged that the assessors negligently fail to recommend transfer to a secure psychiatric unit. The man alleges that he suffered an exacerbation of his mental health as a result of being transferred to a medium secure prison where he witnessed various unpleasant acts that he would not have witnessed in a secure psychiatric unit.’
Ropewalk Clinical Negligence Blog, 22nd September 2021
Source: www.ropewalk.co.uk
‘A recent preliminary judgment by the High Court in London provides a stark reminder of the potential exposure for personal liability faced by partners in dental practices and the need for appropriate contractual protections to mitigate those risks.’
OUT-LAW.com, 15th September 2021
Source: www.pinsentmasons.com
‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’
Ropewalk Clinical Negligence Blog, 7th September 2021
Source: www.ropewalk.co.uk
‘The High Court has granted summary judgment in favour of a law firm and its senior partner and dismissed a £2.7m negligence claim.’
Legal Futures, 7th September 2021
Source: www.legalfutures.co.uk
‘A hospital has admitted liability for the death of a baby who was delivered stillborn three days after his mother’s complaints of fluid loss and severe pain were dismissed as wetting the bed.’
The Guardian, 6th September 2021
Source: www.theguardian.com
‘The scope of duty and the extent of liability of professional advisers are two hotly contested issues at the core of many a dispute between professional advisers and their clients in negligence claims.’
Practical Law: Construction Blog, 24th August 2021
‘In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate dentists. The preliminary issue was whether the practice owner was liable by reason of: a) a non-delegable duty of care; or b) vicarious liability. The Court answered: “yes” and “yes”.’
UK Human Rights Blog, 6th August 2021
Source: ukhumanrightsblog.com
‘The Court of Appeal has rejected as “too binary” the approach taken by a High Court judge when striking out a negligence claim against lawyers over their former client’s capacity to litigate.’
Legal Futures, 5th August 2021
Source: www.legalfutures.co.uk
‘The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) (available here: Warren v DSG judgment). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums.’
Panopticon, 30th July 2021
Source: panopticonblog.com
‘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 of 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.’
Quarterly Medical Law Review, 28th July 2021
Source: 1corqmlr.com
‘The claim was brought by Mr Dougan, an event participant, against Bike Events Ltd as the event organiser of the Manchester 100, a non-competitive charity cycling sportive on open roads.’
12 King's Bench Walk, 19th July 2021
Source: www.12kbw.co.uk
‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’
Hailsham Chambers, 21st July 2021
Source: www.hailshamchambers.com
‘A man who received “devastating news” that his lower leg needed to be amputated seven years after settling his personal injury claim is not prevented by limitation from suing his lawyers for negligence, the High Court has ruled.’
Legal Futures, 21st July 2021
Source: www.legalfutures.co.uk
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