‘The Association of Personal Injury Lawyers (APIL) has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.’
Legal Futures, 24th August 2023
Source: www.legalfutures.co.uk
‘Medical neglect and “gross failures” by a mental health trust contributed to the suicide of a 12-year-old girl in a case that has highlighted national concerns about underfunding, a coroner has ruled.’
The Guardian, 17th August 2023
Source: www.theguardian.com
‘Law firms must either introduce “safeguards that include human oversight” to authenticate AI-generated content or “expect an increased exposure” to negligence claims, a leading law firm has warned.’
Legal Futures, 7th August 2023
Source: www.legalfutures.co.uk
‘When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s husband (“the Deceased”) from colon cancer with metastatic spread to the liver.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’
Old Square Chambers, 18th July 2023
Source: oldsquare.co.uk
‘Sidra Bilal, Hassaan Aziz Malik (Administrators on behalf of the estate of Mukhtar Malik, deceased) v St George’s University Hospital NHS Foundation Trust, [2023] EWCA Civ 605 provides an interesting insight into the post-Montgomery landscape. It provides further clarification on informed consent as well as reminding practitioners of the importance of tightly crafted pleadings in clinical negligence claims.’
3PB, 12th July 2023
Source: www.3pb.co.uk
‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’
St John's Chambers, 13th July 2023
Source: www.stjohnschambers.co.uk
‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’
Becket Chambers, 4th July 2023
Source: becket-chambers.co.uk
‘The recent case of Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB confirmed the boundaries set by the Supreme Court, providing further clarity on the circumstances where an employer may be held vicariously liable.’
Mills & Reeve, 24th July 2023
Source: www.mills-reeve.com
‘The proportion of claims settled by NHS Resolution pre-issue hit a record 80% in the last year, but the cost of claims still rose, according to its annual report.’
Legal Futures, 20th July 2023
Source: www.legalfutures.co.uk
‘An unrepresented claimant has won her appeal against lawyers in a negligence case described by the judge as a “stark example” of how attempts to hasten a victory go wrong.
Opening his judgment in Anna Christie v Mary Ward Legal Centre and Anor, The Honourable Mr Justice Turner said: “There is no shortage of civil cases in which well-intentioned attempts to hasten victory have had the very opposite effect. This case is a stark example of what can happen when things go wrong.”‘
Law Society's Gazette, 19th July 2023
Source: www.lawgazette.co.uk
‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’
UKSC Blog, 12th July 2023
Source: ukscblog.com
‘In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ defendant medical malpractice team consider the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21.’
UKSC Blog, 3rd July 2023
Source: ukscblog.com
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the “enhanced” investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the “interested persons”, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
UK Human Rights Blog, 28th June 2023
Source: ukhumanrightsblog.com
‘A major suspect in the Stephen Lawrence murder is publicly named today for the first time, after a BBC investigation.’
26th June 2023
Source: www.bbc.co.uk
‘A High Court judge has thrown out allegations of collusion and negligence against a law firm after agreeing that the case was “going nowhere”.’
Law Society's Gazette, 21st June 2023
Source: www.lawgazette.co.uk
‘The High Court has thrown out a defamation claim over a letter sent by one law firm to another asserting a solicitor’s lien over £100,000 of any damages awarded to its former clients.’
Legal Futures, 16th June 2023
Source: www.legalfutures.co.uk
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