Daughters’ psychiatric claims restored over witnessing of father’s death – Law Society’s Gazette

Posted June 18th, 2020 in causation, news, psychiatric damage, striking out, third parties by sally

‘The High Court has ruled it was wrong to strike out secondary victim claims from daughters who witnessed their father die after he was allegedly victim of clinical negligence.’

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Law Society's Gazette, 12th June 2020

Source: www.lawgazette.co.uk

Paul v Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB): A glimmer of hope for secondary victims? – St Philips Chambers

‘The law relating to secondary victims, who suffer psychiatric injury as a result of witnessing a shocking event, has long been an area of contention.’

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St Philips Chambers, 8th June 2020

Source: st-philips.com

‘Unrealistic’ appeals system fails prisoners who have been victims of abuse – report – The Guardian

‘One month window to challenge convictions in England and Wales means women who have experienced trauma are unfairly criminalised, campaigners say.’

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The Guardian, 17th June 2020

Source: www.theguardian.com

Appeal allowed against Strike out of Secondary Victim claims arising out of Clinical Negligence – St John’s Chambers

‘In November 2019 Master Cook had struck out the secondary victim claims brought by the Claimants as a result of witnessing the heart attack and subsequent death of their father some 14 ½ months after the alleged negligent omission of the Defendant Trust. This was on the basis that the claims were bound to fail on a strict application of binding authorities including Taylor -v- A. Novo [2014] QB 150 because the shocking event in question was not proximate in time to the breach of duty. In Taylor v A. Novo the Court of Appeal had dismissed a secondary victim claim where the claimant’s mother had been injured by a falling stack of boards due to the negligence of a colleague at work and had subsequently collapsed and died at home as result of deep vein thrombosis secondary to the accident. The claimant witnessed her mother collapsing at home but not the accident itself. Her claim failed on proximity because the death of the claimant’s mother was not the relevant shocking “event”, which was the accident itself, and so the control mechanisms were not satisfied.’

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St John's Chambers, 4th June 2020

Source: www.stjohnschambers.co.uk

Medical Experts: Expert Neuropsychology Assessments for the Courts During COVID-19 – Coronavirus: Guidance for Lawyers and Businesses

‘The issue of medical experts examining claimants and reporting to the courts during the Covid-19 crisis is a difficult one. Here Consultant Neuropsychologist Daniel Friedland provides some guidance.’

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Coronavirus: Guidance for Lawyers and Businesses, 23rd April 2020

Source: lawinthetimeofcorona.wordpress.com

Judge demands “level playing field” on recording medical examinations – Litigation Futures

‘The High Court has insisted that there must be a “level playing field” when it comes to recording medical examinations.’

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Litigation Futures, 21st April 2020

Source: www.litigationfutures.com

The Rise and Fall of Subtle Brain Injury – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, news, personal injuries, psychiatric damage by sally

‘Andrew Hogan gives his insight into the Rise and Fall of Subtle Brain Injury in his latest Personal Injury Update.’

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Rope Walk Chambers, 1st April 2020

Source: www.ropewalk.co.uk

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

The choice of experts in Catastrophic and Severe Brain Injury – Exchange Chambers

‘In this article I will examine the issues surrounding the choice of experts in catastrophic brain injury claims. I will write about what experts are reasonably required and in what order the experts should be instructed. We will look at the various expertise available and just what it is they do and how they can help the Court to resolve the issues.’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Patient confidentiality – to breach or not to breach? – No. 5 Chambers

‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’

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No. 5 Chambers, 10th March 2020

Source: www.no5.com

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers

‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’

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Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

‘Scared of heights’ injury claimant filmed on Europe’s biggest waterslide – BBC News

‘A bodybuilder who claimed an accident left him scared of heights was exposed when a video emerged of him careering down Europe’s highest waterslide.’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

Man found guilty of trying to steal Magna Carta – BBC News

Posted January 31st, 2020 in criminal damage, magna carta, news, psychiatric damage, theft by sally

‘A man has been found guilty of trying to steal a copy of Magna Carta from Salisbury Cathedral.’

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BBC News, 30th January 2020

Source: www.bbc.co.uk

Girl sexually exploited ‘by over 40 adults’ while in care – The Guardian

‘The children’s commissioner has been called on to intervene in the case of a vulnerable teenager alleged to have been the victim of a catalogue of failures at the hands of social workers, medical authorities and police.’

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The Guardian, 8th December 2019

Source: www.theguardian.com

Man pleads guilty to New Year’s Eve knife attack in Manchester – The Guardian

‘A man who stabbed three people at Manchester’s Victoria train station on New Year’s Eve has admitted to attempted murder.’

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The Guardian, 26th November 2019

Source: www.theguardian.com

Mixed race soldier sues MoD for £100,000 amid claims colleagues put up ‘racist’ posters at army base and nicknamed him Apu, High Court hears – Daily Telegraph

‘A mixed race soldier is suing the MoD for £100,000 amid claims he was bullied after colleagues put up “racist” posters at an army base and nicknamed him Apu, the High Court has heard.’

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Daily Telegraph, 6th November 2019

Source: www.telegraph.co.uk

Legal View: Brain injury findings could be landmark in battle to win compensation for stricken ex-players – Daily Telegraph

‘The University of Glasgow’s study is of huge significance in football’s long-running history with brain injury. The fact that neurodegenerative disease was listed as the primary or contributory cause of death amongst so many former players is staggering. This evidence cannot be ignored, the links are known and football’s governing bodies have a responsibility to the players. If they do not now act, they will leave themselves vulnerable to legal claims. The law is clear and football is no different to any other employer-employee relationship. If your employer knows of a risk that can be mitigated and takes no reasonable action to remedy it, then you are looking at legal redress.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Brain-damaged claimant should not learn of £6.7m award, court rules – Law Society’s Gazette

‘The High Court has taken the unusual step of stopping a personal injury claimant from knowing what compensation he has received.’

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Law Society's Gazette, 10th October 2019

Source: www.lawgazette.co.uk

Police take legal action against former officer who had child with activist – The Guardian

‘Police chiefs are taking legal action against one of their former undercover officers who fathered a child during his covert infiltration of leftwing groups and then abandoned him.’

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The Guardian, 14th May 2019

Source: www.theguardian.com

No anonymity for woman suing NHS for £6m – Litigation Futures

Posted March 28th, 2019 in anonymity, birth, hospitals, news, psychiatric damage by sally

‘A woman suing a hospital trust for over £6m following the stillbirth of her first child cannot benefit from anonymity, the High Court has ruled.’

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Litigation Futures, 28th March 2019

Source: www.litigationfutures.com