Lawyers at “growing risk of claims” for under-settlement – Litigation Futures

‘Professional negligence actions arising from lawyers under-settling personal injury and clinical negligence claims appear to be on the rise, a specialist barrister has warned.’

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Litigation Futures, 7th August 2019

Source: www.litigationfutures.com

Pensioner loses arm after catching flesh-eating bug at pilates class, as High Court rules she is entitled to compensation from NHS – Daily Telegraph

Posted August 2nd, 2019 in damages, negligence, news, paramedics, personal injuries by sally

‘A pensioner who lost her arm after catching a flesh-eating bug at church hall pilates class has won her claim in negligence against the NHS at the High Court.’

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Daily Telegraph, 1st August 2019

Source: www.telegraph.co.uk

Court strikes out “incomprehensible” claim against law firm – Legal Futures

‘The High Court has struck out a claim for professional negligence, breach of contract and fiduciary duty made against a central London law firm which was based on “incomprehensible pleadings”.’

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Legal Futures, 1st August 2019

Source: www.legalfutures.co.uk

Clergy Discipline – Rebuke administered in “an unusual case” – Law & Religion UK

‘On 14 May 2019, the Bishop’s Disciplinary Tribunal for the Diocese of Carlisle heard a complaint against the Revd Canon Cameron Butland by the Archdeacon of Westmoreland and Furness, alleging that the Respondent had been neglectful or inefficient in the performance of his duties. Since the misconduct was admitted, the only issue before the Tribunal was that of penalty. The Tribunal determined that the appropriate penalty was one of rebuke.’

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Law & Religion UK, 23rd July 2019

Source: www.lawandreligionuk.com

CA recognises importance of solicitors’ cash flow in med neg cases – Litigation Futures

Posted July 5th, 2019 in birth, costs, negligence, news, personal injuries, solicitors by sally

‘The Court of Appeal has recognised the cash flow pressures of funding complex litigation in rejecting an application to appeal a ruling granting a law firm an interim costs payment.’

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Litigation Futures, 3rd July 2019

Source: www.litigationfutures.com

How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers

‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’

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Hardwicke Chambers, 21st June 2019

Source: hardwicke.co.uk

Hillsborough police chief will face retrial, judge rules – The Guardian

‘The former South Yorkshire police chief superintendent who was in command of the 1989 FA Cup semi-final at Hillsborough, where 96 people were killed, will face a retrial on a charge of gross negligence manslaughter, a judge has ruled.’

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The Guardian, 25th June 2019

Source: www.theguardian.com

Speedboat crash: Jack Shepherd loses appeal against conviction – The Guardian

Posted June 20th, 2019 in accidents, appeals, homicide, negligence, news, sentencing, wounding by sally

‘Jack Shepherd has lost a court of appeal challenge against his conviction for the manslaughter of 24-year-old Charlotte Brown.’

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The Guardian, 20th June 2019

Source: www.theguardian.com

Contaminated blood: What caused the NHS scandal? – BBC News

‘The infection of up to 30,000 people with contaminated blood has been called the biggest treatment disaster in NHS history. Thousands have died.’

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BBC News, 14th June 2019

Source: www.bbc.co.uk

Ep 83: Scope of Duty and Causation: Chester v Afshar revisited – Part 2 – Law Pod UK

Posted June 13th, 2019 in causation, doctors, duty of care, negligence, news by sally

‘In this episode we are bringing the second of two highlights from the recent one crown office row’s seminar – Scope of Duty and Causation: Chester v Afshar revisited. Dominic Ruck Keene dicusses the effects of the case.’

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Law Pod UK, 10th June 2019

Source: audioboom.com

Ep 82: Scope of Duty and Causation: Chester v Afshar revisited – Part 1 – Law Pod UK

Posted June 13th, 2019 in causation, doctors, duty of care, negligence, news by sally

‘In this episode we are bringing the first of two highlights from the recent 1COR seminar – Scope of Duty and Causation: Chester v Afshar revisited. We hear from Jonathan Metzer as he gives his interpretation of the case.’

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Law Pod UK, 10th June 2019

Source: audioboom.com

Jack Shepherd sentenced to four more years for wounding with intent – Crown Prosecution Service

‘A man has admitted hitting a member of bar staff over the head with a bottle of vodka after being refused alcohol and has been sentenced to four more years in custody..’

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Crown Prosecution Service, 6th June 2019

Source: www.cps.gov.uk

Medical watchdog GMC needs to regain trust of doctors, finds review – The Guardian

‘The General Medical Council must fundamentally reform to regain the trust of the doctors it regulates and end their “toxic fear” of reprisals if they make mistakes, says a hard-hitting report.’

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The Guardian, 6th June 2019

Source: www.theguardian.com

Graduate gets £60k payout over ‘false advertising’ claim – BBC News

Posted June 4th, 2019 in advertising, compensation, insurance, negligence, news, solicitors, universities by sally

‘A graduate who sued her university over her “Mickey Mouse” degree has received a £60,000 out-of-court settlement.’

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BBC News, 2nd June 2019

Source: www.bbc.co.uk

Gateley found negligent over redevelopment agreement – Legal Futures

Posted May 29th, 2019 in drafting, negligence, news, solicitors by sally

‘The High Court has found national law firm Gateley negligent in its advice to the owner of land in Nottingham that led to him missing out on some of the profits from its redevelopment.’

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Legal Futures, 29th May 2019

Source: www.legalfutures.co.uk

High Court considers causation in clinical negligence – UK Human Rights Blog

Posted May 23rd, 2019 in causation, damages, delay, doctors, negligence, news, statutory duty by sally

‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’

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UK Human Rights Blog, 22nd May 2019

Source: ukhumanrightsblog.com

High Court considers Article 2 inquests in medical cases – UK Human Rights Blog

‘R (Maguire) v HM’s Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin). A three-judge panel of the Divisional Court has re-affirmed that, in general, medical inquests do not engage the State’s positive obligations under Article 2 of the European Convention on Human Rights.’

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UK Human Rights Blog, 21st May 2019

Source: ukhumanrightsblog.com

Parents of student who died in suicide over anxiety attacks to sue Bristol University – The Independent

‘The parents of a student who took her own life because she was too anxious to make a public presentation are taking legal action against her university.’

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The Independent, 19th May 2019

Source: www.independent.co.uk

Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com