No 10 finally to respond to 2017 report on Hillsborough injustices – The Guardian

‘Relatives of the 97 people killed at Hillsborough in 1989 will discover today how the government intends to respond to recommendations for widespread reform made in an official report six years ago into their experiences.’

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The Guardian, 6th December 2023

Source: www.theguardian.com

Most victims of domestic homicide have contacted police or NHS, review shows – The Guardian

‘A review of 302 domestic homicides recorded in a four-year period has found that the majority of those killed had been “hiding in plain sight”, having made contact with the police, health services and other public agencies before their death.’

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The Guardian, 6th December 2023

Source: www.theguardian.com

‘You were told’: Killed Women report shows deaths could have been prevented – The Guardian

‘Two-thirds of 115 bereaved families surveyed by Ipsos thought the fatal attack on their loved one had been very or fairly preventable.’

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The Guardian, 5th December 2023

Source: www.theguardian.com

High Court strikes out top footballer’s negligence claim against law firm – Legal Futures

Posted December 4th, 2023 in causation, company directors, damages, law firms, loans, negligence, news by tracey

‘The High Court has struck out a £6m negligence claim brought by a former Premier League footballer against City firm Charles Russell Speechleys (CRS).’

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Legal Futures, 4th December 2023

Source: www.legalfutures.co.uk

David Fuller: NHS failures enabled killer to abuse bodies – report – BBC News

Posted November 29th, 2023 in hospitals, inquiries, murder, negligence, news, sexual offences by sally

‘Mortuary abuser David Fuller was able to offend without being caught because of “serious failings” at the hospitals where he worked, an inquiry has found.’

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BBC News, 28th November 2023

Source: www.bbc.co.uk

Man jailed for gross negligence manslaughter after death of David Haw in boat collision – Crown Prosecution Service

‘A boat skipper has been jailed after a man was killed when the vessel he was steering crashed into a buoy at high-speed.’

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Crown Prosecution Service, 21st November 2023

Source: www.cps.gov.uk

High court to consider whether universities owe students legal duty of care – The Guardian

‘The high court is to consider for the first time whether universities owe a legal duty of care to their students, which campaigners argue would save lives and bring England and Wales in line with other countries.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

High Court gives judgment in Koetsier v Thomas and LJP Owen Limited t/a Nolton Stables – Old Square Chambers

Posted November 16th, 2023 in animals, chambers articles, damages, negligence, news, personal injuries by sally

‘On 10 October 2023, the High Court gave judgment dismissing the Claimant’s claims in negligence and pursuant to section 2(2) Animals Act 1971 in circumstances where a horse reacted to the presence of a dog causing the Claimant to fall and suffer severe spinal cord injury.’

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Old Square Chambers, 20th October 2023

Source: oldsquare.co.uk

Back to the drawing board for patient autonomy? Informed consent following McCulloch – Guildhall Chambers

Posted November 15th, 2023 in appeals, chambers articles, consent, doctors, negligence, news by sally

‘In the most significant decision on informed consent since Montgomery, the Supreme Court have held that the question of what “reasonable alternative treatments” a doctor has a duty to inform their patient about is governed by the “professional practice test” (as in Bolam). As to the disclosure of “material risks” inherent in treatment, the test in Montgomery endures.’

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Guildhall Chambers, 24th October 2023

Source: www.guildhallchambers.co.uk

Lack of detail on clin neg fixed costs “extremely worrying” – Legal Futures

Posted November 14th, 2023 in costs, hospitals, negligence, news by sally

‘The lack of detail in the government plans for fixed recoverable costs (FRCs) for lower-value clinical negligence cases is “extremely worrying”, with only six months to go before implementation, the Association of Personal Injury Lawyers (APIL) has said.’

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Legal Futures, 14th November 2023

Source: www.legalfutures.co.uk

Woman who suffered complications from vaginal mesh implant awarded at least £1m – The Guardian

Posted November 13th, 2023 in compensation, consent, hospitals, medical treatment, negligence, news, women by tracey

‘A woman who suffered traumatic complications from a vaginal mesh implant has been awarded a record settlement of at least £1m from the NHS.’

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The Guardian, 13th November 2023

Source: www.theguardian.com

Firm’s ‘unrealistic’ estimate of costs in professional negligence case was ‘inadequate’, judge finds – Law Society’s Gazette

Posted October 24th, 2023 in costs, law firms, negligence, news by tracey

‘Al aw firm acting in a professional negligence claim against another firm gave “unrealistic” estimates and the incurred costs were “likely to be unreasonable”, a judge has found.’

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Law Society's Gazette, 23rd October 2023

Source: www.lawgazette.co.uk

Rule committee warned government over clin neg fixed fee timetable – Legal Futures

Posted October 12th, 2023 in civil procedure rules, costs, fees, hospitals, negligence, news by sally

‘The Civil Procedure Rule Committee (CPRC) warned the government in July about the difficulty of meeting the timetable for the new regime of fixed costs in low-value clinical negligence cases, it has emerged.’

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Legal Futures, 12th October 2023

Source: www.legalfutures.co.uk

MXX v A Secondary School [2023] EWCA Civ 996 – 3PB

‘In the ever-increasing cases concerning grooming/abuse, the Court of Appeal’s decision provides helpful guidance in the context of work experience employment and vicarious liability.’

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3PB, 5th September 2023

Source: www.3pb.co.uk

Will an office-holder be immune from future claims when a court approves their decision? – Guildhall Chambers

Posted October 3rd, 2023 in abuse of process, immunity, negligence, news, receivers, striking out by sally

‘If the court gives its blessing in respect of a decision taken by an office-holder, does the court’s approval mean that the office-holder is immune from any subsequent challenge to that decision? If so, to what extent? Is it blanket immunity? Those are the questions which this article will address following the Court of Appeal’s decision in Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752.’

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Guildhall Chambers, 15th September 2023

Source: www.guildhallchambers.co.uk

Counsel’s fees to be excluded from clin neg fixed fees regime – Legal Futures

Fees for counsel’s advice in lower-value clinical negligence cases will not be recoverable under the fixed recoverable cost (FRC) regime unless a child or protected party is involved, the Department of Health and Social Care (DHSC) has proposed.

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Legal Futures, 20th September 2023

Source: www.legalfutures.co.uk

Claimant representatives furious at clinical negligence reform – Legal Futures

‘Claimant representatives have reacted angrily to the government’s decision to press ahead with fixed recoverable costs for clinical negligence cases that settle pre-issue for less than £25,000.’

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Legal Futures, 18th September 2023

Source: www.legalfutures.co.uk

Payout for Ashington woman who got cancer after wrong smear result – BBC News

Posted September 12th, 2023 in cancer, compensation, hospitals, negligence, news by tracey

‘A woman who had to undergo cancer treatment after being cleared by an incorrect smear test has received compensation.’

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BBC News, 12th September 2023

Source: www.bbc.co.uk

Departing from Guidelines and Balancing of Risks in Different Medical Settings – QMLR

Posted September 1st, 2023 in chambers articles, doctors, medicines, negligence, news, personal injuries by sally

‘This article will focus on the issue relating to guidelines, which is likely to be the central take-away point for practitioners. Mr Berry was administered 400mg of Gentamicin on 4 March by Dr Meyer. The parties were agreed that the dosage caused the Claimant ototoxicity side effects.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Third Party Costs Orders and Experts: Order Restored – QMLR

Posted August 30th, 2023 in appeals, chambers articles, costs, dentists, expert witnesses, negligence, news by sally

‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’

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QMLR, 18th July 2023

Source: 1corqmlr.com