The scope of vicarious liability – Law Society’s Gazette

Posted May 16th, 2023 in negligence, news, rape, Supreme Court, vicarious liability by sally

‘The claimant was a member of the defendant’s church. She and her husband had formed a close friendship with an elder in the church. During a visit to the elder’s house in 1990, the elder raped the claimant while they were together in a room. She reported the crime to the police in 2014 and her assailant was convicted and imprisoned. She then brought a claim against the defendant alleging that it was vicariously liable for the elder’s attack on her. At first instance, the trial judge held that the defendant was vicariously liable and that decision was upheld by the Court of Appeal. The defendant then appealed to the Supreme Court.’

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Law Society's Gazette, 12th May 2023

Source: www.lawgazette.co.uk

New APIL head: Fixed costs will trigger decade of litigation – Legal Futures

Posted May 12th, 2023 in appeals, costs, negligence, news, personal injuries by tracey

‘The extension of fixed recoverable costs (FRCs) later this year will lead to “poor behaviours” by some parties and a decade of litigation to clarify how they work, the new president of the Association of Personal Injury Lawyers (APIL) has predicted.’

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Legal Futures, 12th May 2023

Source: www.legalfutures.co.uk

Drug dealer not “pressurised to plead guilty” by lawyers – Legal Futures

Posted May 4th, 2023 in drug offences, legal advice, negligence, news by tracey

‘The Court of Appeal has rejected a claim from a convicted drug dealer that he was “pressurised” to plead guilty by “negligent advice” from his lawyers.’

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Legal Futures, 4th May 2023

Source: www.legalfutures.co.uk

CA upholds dismissal of £40m claim against tax QC – Legal Futures

Posted May 2nd, 2023 in barristers, film industry, legal advice, negligence, news, taxation by tracey

‘The High Court was right to dismiss a £40m negligence claim against a leading tax barrister over advice he provided on three film financing schemes, the Court of Appeal has ruled.’

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Legal Futures, 2nd May 2023

Source: www.legalfutures.co.uk

Supreme Court rules on liability in Jehovah’s Witness rape case – Law Society’s Gazette

Posted May 2nd, 2023 in negligence, news, rape, Supreme Court, vicarious liability by tracey

‘”Deeper pockets” is not sufficient justification for extending vicarious liability “beyond its principled boundaries” the Supreme Court has found, as it ruled a congregation cannot be liable for a rape committed by one of its elders.’

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Law Society's Gazette, 2nd May 2023

Source: www.lawgazette.co.uk

Met Police may be failing to spot serial killers like Stephen Port – watchdog – BBC News

Posted April 28th, 2023 in crime prevention, homicide, inquests, London, murder, negligence, news, ombudsmen, police by tracey

‘The Metropolitan Police may be failing to identify serial killers because it is not properly investigating unexpected deaths, a watchdog says.’

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BBC News, 28th April 2023

Source: www.bbc.co.uk

Multi-defendant cases: the more the merrier? – Law Pod UK

Posted April 25th, 2023 in apportionment, costs, hospitals, negligence, news, podcasts by sally

‘Lucy McCann speaks to Cara Guthrie and Matthew Flinn of 1 Crown Office Row, about multi-defendant litigation in the field of clinical negligence.’

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Law Pod UK, 24th April 2023

Source: audioboom.com

Firm ordered to pay ex-client £400k for negligent divorce advice – Legal Futures

‘A law firm that narrowed the scope of its retainer after a divorcing woman negotiated her own financial settlement was nonetheless negligent in failing to give her advice on the deal, the High Court has ruled.’

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Legal Futures, 24th April 2023

Source: www.legalfutures.co.uk

Firm ordered to pay wasted costs for “inexplicable” error – Legal Futures

Posted April 21st, 2023 in abuse of process, costs, hospitals, law firms, negligence, news, probate, wills by tracey

‘A law firm which started proceedings when its client did not have standing to bring them has been ordered to pay wasted costs because it failed to check this.’

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Legal Futures, 21st April 2023

Source: www.legalfutures.co.uk

Independent review of NHS Tayside over disgraced surgeon Sam Eljamel – BBC News

‘Health Secretary Michael Matheson is launching an independent review of NHS Tayside in relation to disgraced former head of neurosurgery Sam Eljamel.’

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BBC News, 20th April 2023

Source: www.bbc.co.uk

Submarines, Sherlock Holmes and Clinical Negligence – Ropewalk Clinical Negligence Blog

Posted April 14th, 2023 in burden of proof, chambers articles, damages, negligence, news, personal injuries by tracey

‘A topic close to my (legal) heart, and one upon which I have been known to speak unprompted at some length, is the correct approach to fact-finding where several possible causes, or causal mechanisms, are suggested for the damage under investigation: a common feature of clinical negligence (and, more widely, personal injury) litigation.’

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Ropewalk Clinical Negligence Blog, 29th March 2023

Source: ropewalk.co.uk

Part 36: Is There Any Value in a Split Liability Offer? – Pump Court Chambers

Posted April 12th, 2023 in appeals, chambers articles, damages, holidays, negligence, news, part 36 offers by sally

‘In the recent case of Mundy v TUI UK Ltd [2023] EWHC 385 (Ch), the High Court (Collins Rice J) provided helpful clarification about when Part 36 offers deal with an apportionment of liability.’

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Pump Court Chambers, 27th March 2023

Source: www.pumpcourtchambers.com

Negligence and sports injuries: common threads – 12 King’s Bench Walk

‘Czernuska is the latest of a series of judgments determining whether injuries sustained during competitive sporting fixtures were caused by negligence. This blog considers the general principles and themes on liability that emerge from this kind of litigation by looking at Czernuska v King [2023] EWHC 380 (KB), Fulham Football Club v Jones [2022] EWHC 1108 (QB) and Tylicki v Gibbons [2021] EWHC 3470 (QB).’

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12 King's Bench Walk, 23rd March 2023

Source: www.12kbw.co.uk

Law firm to “harness power of ChatGPT” for clinical negligence cases – Legal Futures

‘The biggest specialist personal injury firm in the country is working on ways to harness the power of technology related to ChatGPT to help it handle medical negligence claims.’

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Legal Futures, 11th April 2023

Source: www.legalfutures.co.uk

Court of Appeal re-affirms restrictions on use of expert evidence in Road Traffic Accident claims – 39 Essex Chambers

‘In Raspin v Taylor [2022] EWCA Civ 1613 the Court of Appeal re-affirmed the need for the limited use of expert reconstruction evidence in road traffic claims. The Court had originally advised upon restriction of such evidence in the case of Liddell v Middleton [1996] P.I.Q.R P36. Needless to say, over the next 25 years adherence to such guidance was not followed by the parties nor enforced by the lower courts on case management.’

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39 Essex Chambers, 14th March 2023

Source: www.39essex.com

Think Twice Before Making a Pre-Action Admission – Parklane Plowden Chambers

‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’

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Parklane Plowden Chambers, 3rd March 2023

Source: www.parklaneplowden.co.uk

Czernuska v King: Is Recklessness Required in Sporting Injury Cases? – Ropewalk Chambers

Posted April 5th, 2023 in chambers articles, damages, negligence, news, personal injuries, sport by sally

‘In Czernuszka v King [2023] EWHC 380 (KB), the Claimant, an amateur rugby player was tragically rendered paraplegic and wheelchair-dependent for the rest of her life. She claimed damages in negligence against the Defendant, who carried out the tackle which caused this injury.’

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Ropewalk Chambers, 31st March 2023

Source: ropewalk.co.uk

High-Value NIHL Claims: Application of the Ogden Tables – Ropewalk Chambers

‘A former Royal Marine was medically discharged at the age of 29 years with noise-induced hearing loss (“NIHL”) and tinnitus sustained after training exercises. Primary liability was admitted.’

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Ropewalk Chambers, 28th March 2023

Source: ropewalk.co.uk

Causation and Divisible Injury, The ‘Rocks Of Uncertainty’: CNZ (a minor) v Royal Bath Hospitals NHS Foundation Trust and Another [2023] EWHC 19 (KB) – 3PB

‘CNZ v Royal United Bath Hospitals NHS Foundation Trust is a must-read for those practising in clinical negligence and especially for those practising in birth injury cases. However, the case also provides useful guidance on material contribution and apportionment. Ritchie J sketches out important parameters on the law on material contribution and extracts the important distinction between divisible injury and divisible
outcome. The terminology can be nebulous unless a distinction is drawn between these concepts (injury and outcome) which Ritchie J provided with welcomed clarity. The law on material contribution has migrated from industrial disease to clinical negligence litigation and the judgment provides important guidance when a Claimant suffers an injury from a combination of tortious and non-tortious causes.’

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3PB, March 2023

Source: www.3pb.co.uk

Transgender children GP: Helen Webberley wins suspension appeal – BBC News

‘A GP offering treatment for transgender patients online has won a High Court appeal against her suspension as a doctor and can now work again.’

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BBC News, 1st April 2023

Source: www.bbc.co.uk