Constance Marten and Mark Gordon found guilty of two charges – The Guardian

‘Constance Marten and her partner, Mark Gordon, have been found guilty of concealing the birth of a child and perverting the course of justice after the body of their baby daughter was found following a high-profile search, it can now be reported.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Woman who sued therapist for sexual assault wins £217,000 damages – The Guardian

Posted June 20th, 2024 in damages, negligence, news, personal injuries, prosecutions, rape by sally

‘A woman who claimed she was raped by a therapist who said penetration could help ease her trauma has been awarded more than £200,000 in damages in a high court ruling after she sued him over the alleged assaults.’

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The Guardian, 19th June 2024

Source: www.theguardian.com

Vos: AI will redefine contours of professional negligence – Legal Futures

Posted June 20th, 2024 in artificial intelligence, legal profession, negligence, news by sally

‘Professional negligence lawyers need to grapple with the question of whether it is negligent to use – or not to use – artificial intelligence (AI), the Master of the Rolls has said.’

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Legal Futures, 20th June 2024

Source: www.legalfutures.co.uk

Norman Hay v Marsh – Henderson Chambers

Posted June 13th, 2024 in causation, chambers articles, insurance, loss of chance, negligence, news by sally

‘In a brokers’ negligence claim, when is causation decided on the balance of probabilities and when is a loss of a chance analysis appropriate? Alice Nash considers this question in the light of a recent decision of Picken J in the context of a claim for failure to obtain insurance cover, where he said the loss of a chance approach should arguably prevail.’

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Henderson Chambers, 14th May 2024

Source: www.hailshamchambers.com

Trust me, I’m a dolphin! – Pensions Barrister

Posted June 13th, 2024 in fiduciary duty, financial advice, negligence, news, pensions by sally

‘Joseph Steadman of Wilberforce Chambers considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment scheme.’

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Pensions Barrister, 13th June 2024

Source: www.pensionsbarrister.com

Strike-out on the basis of facts, not law – 12KBW Personal Injury Law Blog

‘Lukes v Kent & Medway NHS Trust and Kent Police [2024] EWHC 753 (KB) is an instructive illustration of whether strike-out applications can succeed on factual grounds against either healthcare or police defendants in the context of claims for provision of negligent mental health assessment/treatment.’

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12KBW Personal Injury Law Blog, 28th May 2024

Source: pilawblog.com

Where’s the limit? A recent contrasting pair of lawyers’ liability cases on duty and limitation – 4 New Square

‘A recent pair of lawyers’ liability cases have looked at the issue of continuing duties and limitation in two contrasting circumstances: one where the solicitors realised that they had made an error and set about rectifying it, and one where the lawyers did not think that they had been negligent. The two factual scenarios led to diametrically opposed outcomes. Amanda Savage KC and Helen Evans KC examine these recent authorities and what they tell us about where the law is heading on both limitation and duty in lawyers’ claims.’

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4 New Square, 3rd June 2024

Source: www.4newsquare.com

Courts shine new light on the use of a single claim form involving multiple claimants – OUT-LAW.com

Posted June 6th, 2024 in civil procedure rules, class actions, joinder, negligence, news by sally

‘A recent Court of Appeal decision brings welcome clarity as to when a single claim may be used to name multiple claimants in England and Wales, experts have said.’

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OUT-LAW.com, 5th June 2024

Source: www.pinsentmasons.com

Kent NHS trust made failures in care of six-year-old girl, inquest finds – The Guardian

‘An inquest into the death of a six-year-old girl has concluded an NHS hospital trust made a number of failures in her care before she died.’

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The Guardian, 16th May 2024

Source: www.theguardian.com

Neglect led to man’s death at mental health unit – BBC News

Posted May 13th, 2024 in coroners, hospitals, inquests, mental health, negligence, news, suicide by tracey

‘Neglect by a health board contributed to a man’s death at a hospital in north Wales, a coroner has concluded.’

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BBC News, 10th May 2024

Source: www.bbc.co.uk

It’s official: fixed costs for clinical negligence set for October – Legal Futures

‘The government has finally confirmed that fixed recoverable costs (FRC) for low-value clinical negligence claims that settle pre-issue will come into force in October 2024, six months later than planned.’

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Legal Futures, 10th May 2024

Source: www.legalfutures.co.uk

Negligence in football: A claim of two halves – UK Human Rights Blog

Posted May 1st, 2024 in accidents, damages, negligence, news, personal injuries, podcasts, sport by sally

‘Football fans everywhere will be familiar with reckless tackles, whether from their own Sunday league experience or as followers of the professional game. But when will a tackle amount to negligence and be actionable in a civil court, such that an injured player can sue their opponent?’

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UK Human Rights Blog, 30th April 2024

Source: ukhumanrightsblog.com

Liability for Negligent or Reckless Tackles: Elbanna v Clark – 12KBW Personal Injury Law Blog

Posted April 30th, 2024 in chambers articles, negligence, news, personal injuries, sport by sally

‘In this article Megan Griffiths and Spencer Turner consider the recent High Court decision of Elbanna v Clark [2024] EWHC 627 (KB), in which a rugby tackle was found to have been negligent in the context of an amateur rugby match.’

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12KBW Personal Injury Law Blog, 18th April 2024

Source: pilawblog.com

Solicitors owed a duty to beneficiaries of an inter vivos trust: Lonsdale and ors v Wedlake Bell and ors [2024] EWHC 712 (KB) – Hailsham Chambers

Posted April 30th, 2024 in chambers articles, law firms, locus standi, negligence, news, striking out, trusts by sally

‘A firm of solicitors was instructed to act in relation to a trust of property, but negligently failed to give effect to the settlor’s intentions with the result that the trust failed to confer the intended benefit on the settlor’s children. Faced with a claim brought by the settlor, the trustees and the intended beneficiaries, the defendants1 sought to argue that all the claims should be struck out, on the basis that nobody other than the settlor had standing to sue, and his claim was statute barred. Martin Spencer J permitted all the claims to proceed. Most strikingly, he held that in his judgment, the solicitors owed the intended beneficiaries a direct duty of care. Accordingly, the judgment amounts to an open invitation to the court, at any subsequent trial of this or a similar claim, to dispense with the complexity that bedevils this area of the law and adopt a relatively straightforward route to a remedy for disappointed beneficiaries of irrevocable inter vivos trusts.’

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Hailsham Chambers, 16th April 2024

Source: www.hailshamchambers.com

Multi-Party Claim Forms – Gatehouse Chambers

Posted April 25th, 2024 in chambers articles, claims management, costs, fees, negligence, news by sally

‘Claimants in professional negligence cases may wish to join forces under a single Claim Form to limit initial court fees and spread the risks and costs of the litigation between themselves.’

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Gatehouse Chambers, 23rd April 2024

Source: gatehouselaw.co.uk

High Court concern over 10 law firms being sued in one action – Legal Futures

Posted April 23rd, 2024 in law firms, negligence, news, sale of land, striking out by sally

‘A High Court judge has used a case where 10 law firms are being sued to warn about “extreme attempts” to bring such claims in one action.’

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Legal Futures, 22nd April 2024

Source: www.legalfutures.co.uk

Group action against law firm to go ahead with single claim form – Legal Futures

Posted April 19th, 2024 in civil procedure rules, class actions, law firms, negligence, news by sally

‘The Court of Appeal has allowed 134 claimants to start an action against a law firm with a single claim form, which their solicitor said will strengthen the trend for class actions in the UK.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Clinical negligence fixed costs set for October implementation – Legal Futures

‘Fixed recoverable costs for low-value clinical negligence claims are now likely to come into force in October 2024, it has emerged.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Law firm £1.3m negligence saga “does not reflect well on profession” – Legal Futures

Posted March 28th, 2024 in law firms, negligence, news, trusts by tracey

‘A City law firm has failed to strike out a £1.3m negligence claim arising from a discretionary trust it set up for a man described by a High Court judge as “serially let down” by the profession.’

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Legal Futures, 28th March 2024

Source: www.legalfutures.co.uk

High Court upholds wasted costs order against law firm – Legal Futures

‘A circuit judge was entitled to make a wasted costs order against a firm of solicitors that failed to translate their client’s statement and pleadings for use at trial, the High Court has ruled.’

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Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk