The Serious Incident Investigation Report (Root Cause Analysis) is being phased out. Will this benefit patients and what are the implications for clinical negligence litigation? – St John’s Chambers

Posted December 20th, 2023 in chambers articles, compensation, hospitals, negligence, news, personal injuries by sally

‘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.’

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St John's Chambers, 30th November 2023

Source: www.stjohnschambers.co.uk

Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths – Ropewalk Chambers

‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’

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Ropewalk Chambers, 30th November 2023

Source: ropewalk.co.uk

General Damages for Asbestosis – Ropewalk Chambers

Posted December 20th, 2023 in asbestos, chambers articles, compensation, damages, news, personal injuries by sally

‘An award of damages in an asbestosis claim is reasonably substantial, often in the region of six figures. It is almost always made on a provisional basis, a consequence of which is that, unless the return clauses are activated, special damages are usually lower than general damages. Therefore, the award for general damages is likely to be the main component of the relatively large total award of damages in such claims.’

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Ropewalk Chambers, 9th November 2023

Source: ropewalk.co.uk

Alerter by Tim Green KC & Douglas Maxwell – The fundamental reform of product safety? – Henderson Chambers

Posted December 20th, 2023 in chambers articles, compensation, government departments, health & safety, news by sally

This article provides a concise summary of the significant changes that are being considered to the UK’s product safety regulation over the next 12 months. In August 2023, the Department for Business and Trade (the “DBT”) and the Office for Product Safety and Standards’ (the “OPSS”) published a Consultation on “Smarter regulation: UK product safety review” (the “Consultation”). The Consultation was part of the Government’s “smarter regulation strategy” and broader regulatory reform of product safety. The Ministerial Forward did not shy away from the potential scale of the changes, stating “fundamental reform is necessary”. The relatively short Consultation window closed on 24 October 2023.’

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Henderson Chambers, 3rd November 2023

Source: www.hendersonchambers.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 20th, 2023 in appeals, human rights, injunctions, local government, news, Supreme Court, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

GB News: Ofcom rules breached over Don’t Kill Cash campaign – BBC News

Posted December 20th, 2023 in bias, bills, codes of practice, media, news, ombudsmen by sally

‘GB News breached impartiality rules with an episode of The Live Desk, which promoted its branded campaign Don’t Kill Cash, Ofcom has said.’

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BBC News, 19th December 2023

Source: www.bbc.co.uk

Canada Square Operations Ltd v Potter [2023] UKSC 41 – New Square Chambers

‘In 2006 Mrs Potter entered into a credit agreement (under the Consumer Credit Act 1974) with Canada Square. She borrowed c.£21K, being a loan of £17K and a PPI premium of £4K (arranged for her by Canada Square). c.£200 was paid to the insurer, with 95% of the premium going to Canada Square, who did not tell Mrs Potter about the commission.’

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New Square Chambers, 16th November 2023

Source: www.newsquarechambers.co.uk

Alerter by Thomas Samuels & Thomas Mallon – Canada Square Operations v Potter [2023] UKSC 41 – Henderson Chambers

Posted December 20th, 2023 in appeals, chambers articles, compensation, disclosure, limitations, loans, news, time limits by sally

‘In upholding the Court of Appeal’s outcome, the Supreme Court has fundamentally reformulated the approach to s.32 of the Limitation Act 1980.’

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Henderson Chambers, 17th November 2023

Source: www.hendersonchambers.co.uk

Girton crash: Driver jailed for killing cyclist, Isla Cochrane, 14 – BBC News

Posted December 20th, 2023 in dangerous driving, homicide, imprisonment, news, sentencing by sally

‘A speeding driver who killed a 14-year-old cyclist when he oversteered and mounted a bike path has been jailed.’

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BBC News, 19th December 2023

Source: www.bbc.co.uk

Anti-bullying training “should be compulsory for barristers” – Legal Futures

‘Training to prevent bullying and harassment should be compulsory for barristers, the leader of gender equality group Behind the Gown has said.’

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Legal Futures, 19th December 2023

Source: www.legalfutures.co.uk

Chestnuts Old and New – Hailsham Chambers

Posted December 20th, 2023 in chambers articles, debts, judgments, news by sally

‘As we all know, the Judgments Act 1832 (s.17) and orders made under it prescribe the rate of interest ordinarily payable on a judgment debt. The rate, which is rarely changed, used normally to be significantly higher than the likely cost to an ordinary borrower of borrowing. One can say that, as a matter of both principle and commercial sense, the judgment creditor should be paid by the judgment debtor at least as much interest as the creditor may be
losing by any delay, and that it should be made more expensive for the judgment debtor to delay payment rather than to pay promptly. (The problem has yet to be addressed that in the wider world the rates of interest payable by private individuals on overdrafts or credit cards substantially exceed the Judgments Act rate).’

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Hailsham Chambers, 28th November 2023

Source: www.hailshamchambers.com

Case Preview: Argentum Exploration Ltd v Republic of South Africa – UKSC Blog

Posted December 20th, 2023 in appeals, news, shipping law, Supreme Court by sally

‘In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v Republic of South Africa (Appellant).’

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UKSC Blog, 19th December 2023

Source: ukscblog.com

Family Law Newsletter #02 – Spire Barristers

Posted December 20th, 2023 in chambers articles, families, family courts, news by sally

‘Family Law Newsletter 02; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 28th November 2023

Source: www.spirebarristers.co.uk

Toxic Torts – Law Pod UK

‘Join chemist Professor Roy Harrison and environmental law silk David Hart, for a review of recent personal injury lawsuits where claimants seek damages for exposure to toxic substances. Despite the technical challenges, this litigation is key to environmental protection.’

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Law Pod UK, 18th December 2023

Source: audioboom.com

The New Dilemma: Can Artificial Intelligence Replace Professionals in Courts and Write Judgments in Public Law? – Lamb Chambers

Posted December 20th, 2023 in artificial intelligence, chambers articles, legal profession, news by sally

‘When discussing AI’s role in replacing advocates and writing judgments in public law cases, it is important to recognise that this involves speculation about how AI’s future development, and is not rooted in AI’s current technological capabilities.’

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Lamb Chambers, 8th November 2023

Source: www.lambchambers.co.uk

Deliberating about deliberate concealment and recklessness – Hailsham Chambers

Posted December 20th, 2023 in appeals, chambers articles, disclosure, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’

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Hailsham Chambers, 16th November 2023

Source: www.hailshamchambers.com

Warren Burns: Men who killed man after five-year grudge jailed – BBC News

Posted December 20th, 2023 in imprisonment, murder, news, sentencing by sally

‘Two cousins who killed a man in a “sickening premeditated attack” at his home having held a grudge against him for five years have been jailed.’

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BBC News, 19th December 2023

Source: www.bbc.co.uk

Churchill unties the ‘knotty’ problem posed by Halsey – Littleton Chambers

‘On 29 November 2023 the Court of Appeal gave judgment in the case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which seeks to resolve the difficult issues raised by the earlier Court of Appeal decision in Halsey -v- Milton Keynes General NHS Trust [2004] EWCS Civ 576 [2004] 1 WLR 3002 and specifically the controversial and much criticised comments of Dyson LJ in paragraphs 9 and 10 of his judgment in Halsey to the effect that:

“to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court”…’

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Littleton Chambers, 29th November 2023

Source: littletonchambers.com

Adam Johnson: The Neck Guard Debate – Mountford Chambers

Posted December 20th, 2023 in chambers articles, health & safety, inquests, news, sport by sally

‘The tragic death of ice hockey player Adam Johnson on 28 October 2023 has caused considerable shock.’

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Mountford Chambers, 6th November 2023

Source: www.mountfordchambers.com

Needs Improvement: Tribunal Quashes Deficient Improvement Notice – Tanfield Chambers

Posted December 20th, 2023 in appeals, chambers articles, housing, landlord & tenant, local government, news, repairs by sally

‘Chapters 1 and 2 of the 2004 Act establish a system for the assessment and enforcement of housing standards, by which local authorities are required or empowered to take action (including serving hazard awareness, improvement, or prohibition notices) where they identify category 1 and category 2 hazards in residential premises.’

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Tanfield Chambers, 29th November 2023

Source: www.tanfieldchambers.co.uk