Supreme Court to decide if NHS should pay for woman’s surrogacy abroad in historic ruling – The Independent

Posted December 16th, 2019 in appeals, cancer, compensation, hospitals, negligence, news, pregnancy, Supreme Court, surrogacy by tracey

‘Britain’s highest court will hear the case of a woman who is asking the NHS to pay for her to have surrogates birth her child in the US after the health service’s failure to spot her cervical cancer left her infertile.’

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The Independent, 16th December 2019

Source: www.independent.co.uk

Solicitor who felt “intimidated” by clients struck off – Legal Futures

‘A partner who said she felt “threatened and intimidated” by clients who would not accept her advice to discontinue has been struck off for lying about the progress of their cases.’

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Legal Futures, 9th December 2019

Source: www.legalfutures.co.uk

Hillsborough victims’ families criticise CPS over handling of case – The Guardian

‘Bereaved Hillsborough families have criticised the Crown Prosecution Service and called for a review of how it conducted the case against David Duckenfield, the former South Yorkshire police chief superintendent acquitted on Thursday of manslaughter.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Hillsborough: The thirty-year search for justice – BBC News

Posted December 2nd, 2019 in health & safety, homicide, negligence, news, police, prosecutions, sport by sally

‘On a spring afternoon in 1989, a crush developed at the Hillsborough stadium in Sheffield resulting in the deaths of 96 Liverpool fans attending the club’s FA Cup semi-final against Nottingham Forest.’

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BBC News, 29th November 2019

Source: www.bbc.co.uk

Hillsborough: David Duckenfield found not guilty of manslaughter – The Guardian

‘The former South Yorkshire police chief superintendent David Duckenfield has been found not guilty of gross negligence manslaughter more than 30 years after he commanded the police at the 1989 FA Cup semi-final at Hillsborough between Liverpool and Nottingham Forest, at which 96 people died.’

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The Guardian, 28th November 2019

Source: www.theguardian.com

Supreme Court delivers Judgment in Thomas Arthur Watkins (Respondent) v Hugh James Ford Simey Solicitors (Appellant) [2019] UKSC 54 on appeal from [2018] EWCA Civ 1299 – Parklane Plowden Chambers

‘The Supreme Court has delivered another significant Judgment arising from the handling of the VWF litigation against British Coal.’

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Parklane Plowden Chambers, 20th November 2019

Source: www.parklaneplowden.co.uk

Case Comment: Edwards on behalf of the Estate of the late Thomas Arthur Watkins v Hugh James Ford Simey Solicitors [2019] UKSC 54 – UKSC Blog

‘In a unanimous judgment, the Supreme Court has dismissed an appeal by a firm of solicitors in relation to a professional negligence claim concerning alleged under-settlement of a coal miner’s personal injury claim in 2003. The Supreme Court found that, since medical evidence of the nature subsequently obtained in the context of the professional negligence claim would not have been obtained in 2003, it should not be admissible when assessing the extent of the Claimant’s loss in the professional negligence claim. In reaching its decision, and unlike the Court of Appeal, it did not give its general views on the admissibility of evidence that would not have been available at the time of the original underlying claim.’

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UKSC Blog, 26th November 2019

Source: ukscblog.com

‘Hundreds more cases’ in Shropshire maternity scandal – BBC News

‘More than 200 new families have contacted an inquiry into mother and baby deaths at a hospital trust in Shropshire.’

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BBC News, 26th November 2019

Source: www.bbc.co.uk

Patient died after ‘transplant surgeon error’ in Welsh hospital – BBC News

‘A transplant patient died after a surgeon failed to disclose he had spilt stomach contents on organs which went on to be used in NHS operations.’

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BBC News, 21st November 2019

Source: www.bbc.co.uk

Supreme Court to rule on compensation in miner’s claim – Law Society’s Gazette

Posted November 20th, 2019 in damages, industrial injuries, miners, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court will today hand down its eagerly-awaited ruling on the principle of full compensation as part of a negligence claim against solicitors.’

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Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

Boxer’s banker fails in negligence claim against lawyers – Legal Futures

‘A solicitor, his law firm and the barrister they instructed have been granted summary judgment on a negligence claim brought against them by a banker fired for his work with boxer David Haye.’

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Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk

Millionaire who claimed his girlfriend died accidentally after ‘rough sex’ loses appeal against prison sentence – The Independent

‘A millionaire property tycoon who left his injured and bleeding partner to die after claiming she had been injured during “rough sex” has lost an appeal to have his prison sentence cut.’

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The Independent, 14th November 2019

Source: www.independent.co.uk

Former minister’s son branded ‘manipulative’ as he is jailed for seven years for killing toddler with car seat – Daily Telegraph

‘A former minister’s son has been branded “manipulative and cunning” as he was jailed for seven years for killing a three-year-old with a car seat.’

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Daily Telegraph, 14th November 2019

Source: www.telegraph.co.uk

Anna Wilkinson discusses Failing to disclose credit cards amounts to fundamental dishonesty in credit hire claim – Park Square Barristers

‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’

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Park Square Barristers, 31st October 2019

Source: www.parksquarebarristers.co.uk

Claimant wanted to use draft ruling to extract settlement – Litigation Futures

Posted October 31st, 2019 in judgments, negligence, news, third parties, warranties by sally

‘A High Court judge has deprecated a claimant’s request for a third party to review a draft judgment so that it could have the chance to pay money to suppress publication.’

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Litigation Futures, 31st October 2019

Source: www.litigationfutures.com

Adjudication of construction professional negligence claims – Hardwicke Chambers

Posted October 31st, 2019 in barristers, construction industry, dispute resolution, negligence, news by sally

‘Ebony Alleyne and Sarah McCann explore the pros and cons of using statutory adjudication as a means of resolving such disputes and then consider the role and potential impact of the new Professional Negligence Bar Association’s adjudication scheme.’

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Hardwicke Chambers, 29th October 2019

Source: hardwicke.co.uk

A Change of Culture: the CJC Working Group report on Low Value Clinical Negligence Claims – No. 5 Chambers

Posted October 31st, 2019 in costs, negligence, news, reports by sally

‘The CJC working group brought together a range of stakeholders with the aim of producing recommendations for the Department for Health and Social Care in relation to fixed recoverable costs (FRC) in low value clinical negligence claims. Broad, but not universal, consensus was reached on most issues. Further consultation by the DHSC is envisaged before a final framework is put in place.’

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No. 5 Chambers, 21st October 2019

Source: www.no5.com

Proportionality – Compared with what? And how to assess – No. 5 Chambers

‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’

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No. 5 Chambers, 10th October 2019

Source: www.no5.com

ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers

Posted October 30th, 2019 in appeals, compensation, damages, hospitals, insurance, negligence, news, proportionality by sally

‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’

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No. 5 Chambers, 10th October 2019

Source: www.no5.com

George Swift 2019 Lecture – Henderson Chambers

‘Kenneth Hamer gave the George Swift 2019 Lecture at the University of Southampton to the Royal College of General Practitioners, Wessex Faculty, on “The Implications of Bawa-Garba and the Boundaries of Professional Conduct”.’

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Henderson Chambers, 11th October 2019

Source: www.hendersonchambers.co.uk