“A Belgian cosmetic surgery clinic has been ordered by a British court to pay £100,000 in compensation to a woman left disfigured by a ‘botched’ facelift.”
Daily Telegraph, 10th March 2012
Source: www.telegraph.co.uk
“A gas fitter has been found guilty of killing a 24-year-old woman who was overcome by carbon monoxide fumes from a newly-fitted boiler.”
The Guardian, 2nd March 2012
Source: www.guardian.co.uk
“The government has made two key concessions demanded by opponents of the Legal Aid, Sentencing and Punishment of Offenders bill, days before the legislation enters report stage in the House of Lords.”
Law Society’s Gazette, 29th February 2012
Source: www.lawgazette.co.uk
“In a claim for damages for the tort of negligence the cause of action accrues at the date that damage occurs, even if is no-one knows about it at the time. The problem with this principle is vividly illustrated by the famous decision of the House of Lords in Pirelli v Oscar Faber & Partners [1983] 2 AC 1 where the defendant engineers were retained by the claimants to design a chimney at their factory. The chimney was lined with a new material Lytag and completed in July 1969. By April 1970 cracks had appeared at the top of the chimney but the claimants did not become aware of them until November 1977. They made repairs and issued a writ in October 1978. Overturning the decision below the Lords held that the claim was statute barred because the damage had occurred in April 1970, and thus the cause of action was complete more than six years before the claim was issued and, as it happened, more than six years before the claimants knew they had a claim.”
Hardwicke Chambers, 25th January 2012
Source: www.hardwicke.co.uk
“Lawyers are earning ‘success fees’ totalling £66 million a year for helping patients to sue the NHS, new figures have revealed.”
Daily Telegraph, 29th January 2012
Source: www.telegraph.co.uk
“Four siblings who were sexually abused by their father and uncle have received what is believed to be a record £1m in damages from a social work department that failed to protect them as children.”
The Guardian, 21st January 2012
Source: www.guardian.co.uk
“A case concerning the standard of advice expected from a newly qualified solicitor in a brief, free, consultation with a distressed client is set for a retrial following an appeal court decision.”
Law Society’s Gazette, 19th January 2012
Source: www.lawgazette.co.uk
Delaney v Pickett and another; [2011] EWCA Civ 1532; [2011] WLR (D) 390
“In looking to the possible application of the defence of ‘ex turpi’ in a claim of negligence arising out of a road traffic accident it could be crucial to ask whether the injury in issue was truly a consequence of the claimant’s unlawful act or whether it was a consequence of the unlawful act only in the sense that it would not have happened if the claimant had not been committing an unlawful act. In other words, could one say that, although the damage would not have happened but for the tortious conduct of the defendant, it was caused by the criminal act of the claimant; or was the position, rather, that, although the damage would not have happened without the criminal act of the claimant, it was caused by the tortious act of the defendant ?.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
Padden v Bevan Ashford (a firm); [2011] EWCA Civ 1616; [2011] WLR (D) 393
“A solicitor who certified in a mortgage that a client had been given appropriate legal advice about the mortgage and, to the best of his knowledge, had understood the effect of the mortgage and was not acting under undue influence or a misrepresentation, was under an obligation to have advised that client or to have taken steps to satisfy himself that she had been properly advised on those matters. His obligation went well beyond simply advising her not to sign documents disadvantageous to her.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
“An operator carrying out activities authorised by legislation is immune from common law nuisance liability unless the claimant can prove negligence. Any damages for such a nuisance will constitute ‘sufficient just satisfaction’ for the purpose of the Human Rights Act; even if breach of a Convention right is proved, no further remedy will be available.”
UK Human Rights Blog, 2nd January 2012
Source: www.ukhumanrightsblog.com
“Former Thatcherite minister Lord Tebbit is among a group of peers trying to save legal aid for children’s medical negligence cases.”
Daily Telegraph, 20th December 2011
Source: www.telegraph.co.uk
“A grandmother fractured her thigh after slipping on a plastic icicle which should have been cleared away by Father Christmas and his elf at Selfridges’ grotto, the Appeal Court has ruled.”
Daily Telegraph, 16th December 2011
Source: www.telegraph.co.uk
“Irresponsible workers who are injured at work because of their own mistakes should not be able to sue their employers for damages, a review of health and safety rules will say next week.”
Daily Telegraph, 25th November 2011
Source: www.telegraph.co.uk
“Solicitors for the family of a Cardiff woman murdered by her ex-partner say a judge has ruled a damages claim against two police forces can continue.”
BBC News, 26th November 2011
Source: www.bbc.co.uk
“Distinct from the situation of loose horses straying on to the road is the case where a horse with a rider comes into contact with traffic. This will sometimes lead to the rider either suing the driver or the driver suing the rider and with a subsequent counter claim.”
Hardwicke Chambers, 17th November 2011
Source: www.hardwicke.co.uk
“The Legal Aid Sentencing and Punishment of Offenders passed its second reading in the House of Lords last night after an eight-hour battering from peers. Following a debate in which 51 of the 54 members who rose to speak criticised the bill, justice minister Lord McNally, responding for the government, promised ‘to listen’ to the ‘strong concerns’ raised particularly in relation to domestic violence and clinical negligence.”
Law Society’s Gazette, 22nd November 2011
Source: www.lawgazette.co.uk
“An Oxford boy left brain damaged after complications during his birth has been given £1m compensation.”
BBC News, 19th November 2011
Source: www.bbc.co.uk
Berry v Star Autos Ltd and others [2011] EWCA Civ 1304; [2011] WLR (D) 327
“On a claim to which there were two or more defendants the court had power to order an interim payment under CPR r 25.7(1)(e) if it were satisfied that at least one of the defendants against whom the application for interim payment was being made would be held liable and each of those defendants was insured; the fact that there might be another defendant who was not insured was immaterial.”
WLR Daily, 10th November 2011
Source: www.iclr.co.uk
“Too many babies have been killed or seriously injured through child abuse because of failings by the authorities that are repeated across the country, a report has found.”
The Guardian, 26th October 2011
Source: www.guardian.co.uk
“Geoffrey Boycott, the former Yorkshire and England cricketer, launched a £1m-plus claim against lawyers he says let him down on a property deal.”
Daily Telegraph, 12th October 2011
Source: www.telegraph.co.uk
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