Category: negligence

Anonymity orders: the view from the coalface following PMC v A Local Health Board [2024] EWHC 2969 (KB) – 12 KBW

Posted January 7th, 2025 in anonymity, barristers, birth, chambers articles, children, damages, families, hospitals, media, negligence, news, personal injuries, reporting restrictions by tracey

‘In this blog post, Finn Selman, pupil barrister at 12KBW, analyses the judgment in PMC v A Local Health Board [2024] EWHC 2969 (KB) and discusses how anonymity orders are approached in practice, in the experience of various members of chambers. It is recommended reading for those representing protected parties or those seeking anonymity orders.’

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12 KBW, 2nd January 2025

Source: 12kbw.co.uk

Cases double in NHS trust death and injury investigation – BBC News

Posted January 7th, 2025 in doctors, hospitals, negligence, news, police by tracey

‘A police investigation into allegations of preventable deaths and injuries at an NHS trust has doubled the number of cases it is looking at, BBC News can reveal.’

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BBC News, 7th January 2025

Source: www.bbc.co.uk

Contribution Claims and the Third Parties (Rights Against Insurers) Act 2010 Riedweg v HCC and others [2024] EWHC 2805 (Ch) – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, compensation, insolvency, insurance, law firms, negligence, news, solicitors, third parties by sally

‘When an insurer is sued by a claimant under the Third Parties (Rights Against Insurers) Act 2010, can that insurer bring a contribution claim against another person whom, the insurer claims, is also liable to the claimant for the same loss as was caused by the insurer’s insured? That was the question for the Court in Riedweg v HCC, the first reported decision on this important point.’

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Hailsham Chambers, 13th November 2024

Source: www.hailshamchambers.com

Scope of duty, “moral turpitude” and adverse inferences: Melia v Tamlyn and Son Limited – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, evidence, expert witnesses, negligence, news, planning, surveyors by sally

‘The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.’

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Hailsham Chambers, 4th December 2024

Source: www.hailshamchambers.com

Grenfell families complain to architect regulator – BBC News

Posted December 17th, 2024 in accidents, building law, construction industry, fire, housing, insolvency, negligence, news by tracey

‘The families of three people who died in the Grenfell Tower fire are supporting a letter of complaint to a regulator about the architects involved in the block’s refurbishment.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

Avoiding Procedural Pitfalls in Professional Negligence Claims – Gatehouse Chambers

Posted December 13th, 2024 in accountants, chambers articles, compensation, law firms, limitations, negligence, news, pensions, solicitors, time limits, trusts by sally

‘Professional negligence claims are somewhat more susceptible to the many procedural pitfalls in civil litigation. Passage of time, lengthy negotiations before issue, insolvency.’

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Gatehouse Chambers, 26th November 2024

Source: gatehouselaw.co.uk

Medico-legal market consolidating and growing “more strongly” – Legal Futures

Posted December 13th, 2024 in artificial intelligence, compensation, damages, insurance, law firms, legal profession, medical treatment, medicines, negligence, news, personal injuries, statistics by sally

‘The value of the medico-legal market grew by 4% in 2024, double the growth rate of the previous year, researchers have estimated.’

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Legal Futures, 12th December 2024

Source: www.legalfutures.co.uk

Have you renewed your MOT? RTA claims and “ex turpi causa” – UK Human Rights Blog

Posted December 10th, 2024 in accidents, causation, ex turpi causa, illegality, insurance, negligence, news, road traffic by tracey

‘Ali v HSF Logistics Polska SP ZOO [2024] EWCA 1479. This was a very simple case that illustrates in a nutshell the courts’ approach to the principle of “ex turpi causa”: the notion that prevents a claimant from seeking a legal remedy if the claim arises in connection with their own illegal or immoral act. Even in a civil case, courts are reluctant to allow a party to benefit from their own wrongdoing, as it may be seen as contrary to the interests of justice and social morals. However, it cannot be a blanket rule, as we shall see from the case below. Proportionality has to to be applied.’

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UK Human Rights Blog, 10th December 2024

Source: ukhumanrightsblog.com

‘Slapping therapy’ healer jailed for gross negligence manslaughter of woman – The Guardian

Posted December 6th, 2024 in homicide, medicines, negligence, news, sentencing by michael

‘An alternative healer who promoted a “slapping therapy” taken up by millions of people across the world has been jailed for the gross negligence manslaughter of a British woman who died at one of his workshops in Wiltshire.’

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The Guardian, 6th December 2024

Source: www.theguardian.com

Anonymity orders: putting the genie back in the bottle? – Quarterly Medical Law Review

Posted December 5th, 2024 in anonymity, chambers articles, civil procedure rules, hospitals, negligence, news by tracey

‘PMC -v- A Local Health Board [2024] EWHC 2969 (KB). Nicklin J provides guidance on when and how to seek orders for anonymity and/or reporting restrictions.’

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Quarterly Medical Law Review, 3rd December 2024

Source: 1corqmlr.com

Judge blasts City firm’s “disgraceful” and “improper” conduct – Legal Futures

Posted November 25th, 2024 in costs, fees, fraud, insolvency, law firms, misrepresentation, negligence, news, solicitors, winding up by tracey

‘A judge has condemned the London arm of a US law firm for sending a “disgraceful” letter to a competitor of one of its clients.’

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Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

Liability for omissions: Is the law as it should be? – 12 King’s Bench Walk

Posted November 14th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘John-Paul Swoboda examines liability for omissions in the police negligence case of Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33.’

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12 King’s Bench Walk, 6th November 2024

Source: www.12kbw.co.uk

Mental capacity and clinical negligence – Recent developments, practical issues and traps for the unwary – Exchange Chambers

Posted November 13th, 2024 in chambers articles, hospitals, mental health, negligence, news by sally

‘With the blessing (or occasional curse) of a slightly unusual practice, litigating a mix of neurologically orientated trauma and clinical negligence claims whilst maintaining a complimentary practice in the Court of Protection, I have encountered lots of odd, interesting and unexpected mental capacity issues. Professional experience and reported cases suggest that identifying and successfully managing such issues can present particular challenges for the clinical negligence practitioner. This article is intended to signpost some of those issues, and provide an aid memoir and practical guide for when you next encounter one.’

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Exchange Chambers, 9th October 2024

Source: www.exchangechambers.co.uk

Liability of Police Authorities and the Decision in Tindall v Chief Constable of Thames Valley Police – Ropewalk Personal Injury Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33. The decision is the latest in many higher court decisions regarding the liability of police authorities to the public where they suffer injury.’

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Ropewalk Personal Injury Blog, 11th November 2024

Source: ropewalk.co.uk

Police not liable for failing to protect someone from injury: Supreme Court – UK Human Rights Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) [2024] UKSC 33, on appeal from [2022] EWCA Civ 25. The Supreme Court has affirmed that there is no duty of care, and hence no liability in negligence, for failing to confer a benefit, which includes failing to protect a person from injury, as opposed to making matters worse. This applies equally to public authorities such as the police as it does to private individuals.’

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UK Human Rights Blog, 11th November 2024

Source: ukhumanrightsblog.com

Law firm not negligent in advice to settle £2m claims – Legal Futures

Posted November 11th, 2024 in bankruptcy, causation, families, local government, negligence, news, trustees in bankruptcy by tracey

‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’

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Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

High Court throws out complaint over solicitor’s ‘settle’ advice – Law Society’s Gazette

Posted November 11th, 2024 in bankruptcy, law firms, negligence, news, solicitors, trustees in bankruptcy by tracey

‘A solicitor accused of negligence by clients who changed their minds over a mediation settlement in fact acted competently, the High Court has ruled in a long-running litigation over a businessman’s bankruptcy. Even if negligence had been shown, the failure to show it caused any loss would have been fatal to the claim, His Honour Judge Paul Matthews ruled in Sandra Blower v GH Canfields LLP.’

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Law Society's Gazette, 8th November 2024

Source: www.lawgazette.co.uk

A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) – 1QMLR

Posted November 1st, 2024 in chambers articles, damages, doctors, hospitals, negligence, news, witnesses by sally

‘In November 2016 the Claimant collapsed with acute abdominal pain whilst in a hairdresser in Fulham, London. Investigations at A&E revealed that she had developed diverticulitis with a localised perforation. Her surgeon, Mr Behar, tried to treat it conservatively with intravenous antibiotics and fluids but the disease continued to progress. Mr Behar therefore carried out a laparoscopic lavage, after which the Claimant’s condition settled for over 24 hours. However, later on the following day, she collapsed with severe abdominal pain and Mr Behar completed a Hartmann’s procedure.’

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1QMLR, 28th October 2024

Source: 1corqmlr.com

Legal issue on ‘negligent’ advice from NHS England arises in long Covid litigation – Law Society’s Gazette

Posted November 1st, 2024 in case management, class actions, coronavirus, damages, employment, health, hospitals, negligence, news, personal injuries by tracey

‘A judge has declined to decide whether NHS trusts which relied on ‘negligent’ advice from NHS England during the pandemic are liable for frontline healthcare workers’ long Covid.’

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Law Society's Gazette, 31st October 2024

Source: www.lawgazette.co.uk

Mother wins decade-long battle for more than £10m over botched operation on child at NHS hospital – The Independent

Posted September 25th, 2024 in children, compensation, damages, families, hospitals, medical treatment, negligence, news, personal injuries by sally

‘A mother has won a 12-year battle for compensation against an NHS hospital after successfully claiming her child suffered brain damage as a result of a botched surgery.’

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The Independent, 25th September 2024

Source: www.independent.co.uk