Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

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Asbo dwarf jailed after impersonating a Dalek and threatening woman with a butterknife – Daily Telegraph

Posted June 24th, 2015 in ASBOs, disabled persons, news, sentencing, threatening behaviour by sally

‘Court hears Ian Salter-Bromley, 55, stuck a sucker dart on his forehead and filled his mouth with dominoes before shouting: ‘Exterminate! Exterminate!”
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Daily Telegraph, 23rd June 2015

Source: www.telegraph.co.uk

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Appeal ruling backs representation in deprivation of liberty cases – Law Society’s Gazette

Posted June 17th, 2015 in appeals, Court of Protection, disabled persons, mental health, news by sally

‘In an unusual judgment, the Court of Appeal has ruled that streamlined procedures introduced by the Court of Protection must not prevent people who lack capacity from participating in or having legal representation at hearings affecting their liberty.’

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Law Society’s Gazette, 16th June 2015

Source: www.lawgazette.co.uk

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Brain-injured man’s family fights to continue NHS medical treatment – The Guardian

Posted June 12th, 2015 in disabled persons, hospitals, medical treatment, news by sally

‘The family of a man said to be in a state of “low awareness” after sustaining a brain injury have launched a legal fight to prevent a health trust from halting treatment that is keeping him alive. The patient, in his 40s, is being treated in a hospital intensive care unit. Specialist doctors say it is very unlikely that he will regain any level of consciousness.’

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The Guardian, 11th June 2015

Source: www.guardian.co.uk

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Boy wins £120,000 damages for narcolepsy caused by swine flu vaccine – The Guardian

Posted June 11th, 2015 in children, damages, disabled persons, health, news by sally

‘A 12-year-old boy has been awarded £120,000 by a court that agreed he had been left severely disabled by narcolepsy triggered by the swine flu vaccine, following a three-year battle in which the government had claimed that his illness was not serious enough to merit payment.’

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The Guardian, 10th June 2015

Source: www.guardian.co.uk

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PIPs disability benefit delay unlawful, says High Court – BBC News

‘A delay in paying welfare benefits to two disabled people was “unlawful”, the High Court has ruled.’

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BBC News, 5th June 2015

Source: www.bbc.co.uk

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Disability benefits: Court to rule on delay test case – BBC News

Posted June 5th, 2015 in benefits, delay, disabled persons, government departments, news by tracey

‘The High Court is expected to rule later on whether the government took too long to process benefit claims by two disabled people.’

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BBC News, 5th June 2015

Source: www.bbc.co.uk

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Thalidomide survivors seek ‘justice’ with Plaid Euro MP – BBC News

Posted June 2nd, 2015 in birth, compensation, disabled persons, health, medicines, news by sally

‘Welsh people left disabled by the thalidomide drug scandal are being backed in their fight for compensation by Plaid Cymru MEP Jill Evans.’

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BBC News, 31st May 2015

Source: www.bbc.co.uk

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Woman left housebound after having legs amputated receives compensation following blunder that led to benefit money being withheld – The Independent

Posted May 29th, 2015 in benefits, budgets, compensation, delay, disabled persons, local government, news by sally

‘A woman who was left housebound following the amputation of both legs has received £27,000 in compensation after watchdogs found financial support was withheld due to an administrative battle between a council and the NHS.’

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The Independent, 28th May 2015

Source: www.independent.co.uk

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Patient consent and medical advice – Law Society’s Gazette

Posted May 27th, 2015 in appeals, birth, consent, disabled persons, medical treatment, news, Supreme Court by sally

‘On 11 March 2015, the Supreme Court unanimously agreed that Nadine Montgomery should succeed in her claim against NHS Lanarkshire following a birth complication during the delivery of her son in October 1999, which resulted in him suffering severe disabilities.’

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Law Society’s Gazette, 22nd May 2015

Source: www.lawgazette.co.uk

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Victims of disability hate crime are still being let down, report claims – The Guardian

‘Victims of disability hate crimes are being failed by police, prosecutors and the probation service, according to a report by inspectors.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

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Disability benefits delays not illegal, government says – BBC News

Posted May 18th, 2015 in benefits, delay, disabled persons, government departments, news by sally

‘Delays in processing disability benefits claims were unacceptable but not illegal, the Department for Work and Pensions has told the High Court.’

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BBC News, 15th May 2015

Source: www.bbc.co.uk

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5,000 disabled adults sexually abused in past two years, NSPCC says – The Guardian

‘Almost 5,000 disabled adults have been sexually abused in England in the past two years, figures have shown.’

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The Guardian, 18th May 2015

Source: www.guardian.co.uk

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In re MN (An Adult) (Court of Protection: Jurisdiction) – WLR Daily

In re MN (An Adult) (Court of Protection: Jurisdiction): [2015] EWCA Civ 411; [2015] WLR (D) 208

‘The function of the Court of Protection was to take, on behalf of adults who lacked capacity, the decisions which, if they had capacity, they would take themselves. The Court of Protection was thus confined to choosing between available options, including those which there was good reason to believe would be forthcoming in the foreseeable future and, in the final analysis, could not compel a public authority to agree to a care plan which the authority was unwilling to implement.’

WLR Daily, 7th May 2015

Source: www.iclr.co.uk

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Salford Royal Hospital: Woman awarded £8m after NHS blunder – BBC News

‘A pregnant woman left brain damaged after her heart was accidentally punctured during an NHS operation has won an £8m compensation pay-out.’

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BBC News, 5th May 2015

Source: www.bbc.co.uk

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Assisted suicide review granted by High Court judges – BBC News

Posted April 29th, 2015 in assisted suicide, disabled persons, human rights, news, prosecutions by sally

‘Disability rights campaigners who say assisted suicide policy in England and Wales is too “liberal” have won permission to bring a legal challenge.’

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BBC News, 28th April 2015

Source: www.bbc.co.uk

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Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Cloisters, 10th April 2015

Source: www.cloisters.com

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Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’

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Zenith PI Blog, 12th April 2015

Source: www.zenithpi.wordpress.com

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Deprivation of liberty guidance clarifies rules – Law Society’s Gazette

‘The Law Society has today issued new guidance on deprivation of liberty safeguards (DOLS) to help lawyers meet an expected 10-fold surge in the number of legal challenges to DOLS over the coming year.’

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Law Society’s Gazette, 9th April 2015

Source: www.lawgazette.co.uk

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The Care Act 2014: Charging for Care and Support – Doughty Street Chambers

Posted April 2nd, 2015 in costs, disabled persons, elderly, news, social services by sally

‘This paper considers the key changes introduced by the Care Act 2014 (“the Act”) in
relation to charging for care and support, including deferred payments. (It does not
set out each element of the charging scheme, much of which is unchanged).’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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