Category: negligence

Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

Posted November 27th, 2020 in asbestos, benefits, cancer, compensation, damages, employment, government departments, human rights, industrial injuries, insurance, negligence, news, personal injuries, Supreme Court by tracey

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

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UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com

Elizabeth Dixon death investigation reveals “20-year cover-up” – The Guardian

Posted November 27th, 2020 in bereavement, causing death of children or vulnerable adults, children, coroners, Crown Prosecution Service, families, government departments, hospitals, inquests, negligence, news, police by tracey

‘The government has apologised for a “20-year cover-up” over the death of 11-month-old Elizabeth Dixon, whose parents have fought an unrelenting battle for the truth.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

Family who fear daughter was killed sue Leeds NHS trust after body decomposes – The Guardian

Posted November 23rd, 2020 in bereavement, coroners, damages, families, hospitals, inquests, negligence, news, unlawful killing by sally

‘The family of a woman who they suspect was killed is suing a health trust that allegedly stored her corpse incorrectly, allowing it to decompose to the point that experts were unable to rule out third-party involvement in her death, the Guardian can reveal.’

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The Guardian, 23rd November 2020

Source: www.theguardian.com

Assetco v GT: A chink in SAAMCo’s armour? And a lost chance to sort out loss of a chance? – Hardwicke Chambers

Posted November 19th, 2020 in accounts, auditors, damages, duty of care, loss of chance, negligence, news by sally

‘The recent decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151, in which judgment was handed down at the end of August, is well worth professional liability lawyers paying attention to whether they are predominantly claimant practitioners, defendant ones or, like me, act for either side. It is a useful illustration of the application of the SAAMCo principle/doctrine (and also contains an interesting, if not entirely novel, analysis regarding loss of a chance).’

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Hardwicke Chambers, 5th November 2020

Source: hardwicke.co.uk

Clinical negligence and COVID – Counsel

Posted November 19th, 2020 in causation, coronavirus, hospitals, negligence, news by sally

‘Spring 2020 forced fundamental changes on our healthcare system. Helen Mulholland examines the implications of COVID-19 for clinical negligence claims.’

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Counsel, November 2020

Source: www.counselmagazine.co.uk

R v Broughton Clarifying Causation in Gross Negligence Manslaughter – 2 Hare Court

Posted November 17th, 2020 in causation, drug abuse, evidence, expert witnesses, homicide, negligence, news by sally

‘In 2017 a 24-year-old woman, Louella Fletcher Michie, died at the Bestival Music Festival, having taken 2-CP, a Class A drug, supplied by her boyfriend, the appellant.’

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2 Hare Court, November 2020

Source: www.2harecourt.com

Rough sex excuse in women’s deaths is variation of ‘crime of passion’ – study – The Guardian

Posted November 11th, 2020 in bills, consent, criminal justice, domestic violence, homicide, murder, negligence, news, sexual offences, women by sally

‘Men who kill women are increasingly using the “sex game gone wrong” excuse as a contemporary variation on the traditional crime of passion defence, research has found.’

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The Guardian, 10th November 2020

Source: www.theguardian.com

Stoffel & Co. v Grondona [2020] UKSC 42 – Hailsham Chambers

Posted November 10th, 2020 in compensation, defences, diminished responsibility, homicide, hospitals, illegality, mental health, negligence, news, solicitors by sally

‘In Stoffel & Co. v Grondona, the Supreme Court considered the operation of the common law defence of illegality in the context of solicitors’ negligence for the first time since its seminal decision in Patel v Mirza [2017] AC 467. At the same time, the Court handed down judgment in a clinical negligence case: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43.’

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Hailsham Chambers, 3rd November 2020

Source: www.hailshamchambers.com

Divisional Court gives guidance on article 2 inquests – UK Human Rights Law Blog

Posted November 6th, 2020 in bereavement, domestic violence, families, homicide, human rights, inquests, murder, negligence, news, police, statutory duty by tracey

‘R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Adminn). Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive relationships. They died in 2011 and 2006, but the man was not convicted – of murder and manslaughter respectively – until 2017. The inquest into Susan’s death in 2011 resulted in a verdict of accidental death. Following the murder conviction, the Coroner applied to the High Court for this to be quashed, with the intention of holding a short inquest at which a fresh conclusion of “unlawful killing” would be recorded. However, the Claimants in this case – Susan’s parents – sought to expand the scope of the inquest to consider what they thought, understandably, were police failings. They were successful; this blog explains why, and examines the wider implications of the ruling.’

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UK Human Rights Law Blog, 5th November 2020

Source: ukhumanrightsblog.com

Mental health, clinical negligence and the illegality defence – UK Human Rights Law Blog

Posted November 6th, 2020 in appeals, compensation, damages, ex turpi causa, families, homicide, hospitals, human rights, illegality, mental health, negligence, news, Supreme Court by tracey

‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’

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UK Human Rights Law Blog, 3rd November 2020

Source: ukhumanrightsblog.com

Fraud does not oust negligence claim, Supreme Court rules – Law Society’s Gazette

Posted November 5th, 2020 in defences, fraud, illegality, mortgages, negligence, news, Supreme Court by tracey

‘Lawyers have stressed that the illegality principle in civil claims remains intact despite the Supreme Court finding in favour of a mortgage fraudster in a dispute with a law firm.’

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Law Society's Gazette, 4th November 2020

Source: www.lawgazette.co.uk

Police ‘failings’ to be considered at new inquest into death of Susan Nicholson – Daily Telegraph

Posted October 26th, 2020 in bereavement, coronavirus, domestic violence, families, inquests, judicial review, negligence, news, police by sally

‘The family of a woman murdered by a double killer have won a legal battle for a new inquest into her death to consider potential police failings.’

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Daily Telegraph, 23rd October 2020

Source: www.telegraph.co.uk

“Negligent” firm avoids wasted costs order after failing to pass on offer – Litigation Futures

Posted October 1st, 2020 in costs, fundamental dishonesty, law firms, negligence, news, wasted costs orders by sally

‘The High Court has upheld a decision not to order wasted costs against a law firm that failed to pass on a “drop hands” settlement offer to a client who was ultimately found to be fundamentally dishonest.’

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Litigation Futures, 30th September 2020

Source: www.litigationfutures.com

Defence QC’s accusation against prosecutor was not misconduct – Legal Futures

Posted September 25th, 2020 in barristers, codes of practice, disciplinary procedures, disclosure, expert witnesses, negligence, news, professional conduct by sally

‘A QC who accused prosecution counsel of bad faith without reasonable grounds was in breach of Bar Standards Board rules but not to the level of professional misconduct, a tribunal has ruled.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

Olivia Burt’s family ‘disappointed’ with CPS decision – BBC News

Posted September 14th, 2020 in bereavement, corporate manslaughter, criminal justice, Crown Prosecution Service, families, health & safety, homicide, negligence, news by tracey

‘The parents of a student who died when a barrier collapsed outside a nightclub say they are “deeply disappointed” no-one will face criminal prosecution.’

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BBC News, 14th September 2020

Source: www.bbc.co.uk

When can contractual limitation of liability clause limit third party’s tort claim? – Practical Law: Construction Blog

Posted September 2nd, 2020 in construction industry, contracts, duty of care, negligence, news, third parties by tracey

‘This was the question the court was asked to answer in RSK Environmental Ltd v Hexagon Housing Association Ltd.’

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Practical Law: Construction Blog, 26th August 2020

Source: constructionblog.practicallaw.com

Rapper Ceon Broughton wins appeal against manslaughter conviction following festival death of Louella Fletcher-Michie – Garden Court Chambers

Posted August 28th, 2020 in appeals, causation, chambers articles, criminal justice, drug abuse, drug offences, expert witnesses, homicide, negligence, news, standard of proof by sally

‘Ceon Broughton, a rapper jailed over the death of his partner Louella Fletcher-Michie from a drug overdose at Bestival has won his appeal against his manslaughter conviction. Broughton’s conviction in 2019 and seven-year prison sentence for manslaughter was quashed on 18 August 2020 by the Court of Appeal. The appeal was heard before The Lord Chief Justice of England and Wales Lord Burnett, Mr Justice Sweeney and Mr Justice Murray.’

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Garden Court Chambers, 18th August 2020

Source: www.gardencourtchambers.co.uk

Judge lashes out at “shameful drivel” produced in RTA claims – Litigation Futures

Posted August 28th, 2020 in disciplinary procedures, disclosure, documents, forgery, law firms, negligence, news, personal injuries, professional conduct, solicitors by sally

‘A deputy district judge lambasted law firms’ approach to low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.’

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Litigation Futures, 28th August 2020

Source: www.litigationfutures.com

Court overturns man’s conviction for girlfriend’s Bestival drug death – The Guardian

Posted August 19th, 2020 in appeals, criminal justice, drug abuse, expert witnesses, homicide, juries, negligence, news, standard of proof by sally

‘The rapper Ceon Broughton has had his conviction for the manslaughter of his girlfriend overturned by the court of appeal.’

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The Guardian, 18th August 2020

Source: www.theguardian.com

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

Posted August 17th, 2020 in chambers articles, construction industry, contracts, damages, negligence, news, stay of proceedings, striking out by sally

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk