Supreme Court rules on “shock” in clinical negligence cases – Law Pod UK

‘The Supreme Court has ruled out claims for physicatric harm suffered by family members witnessing death or serious injury as a result of medical negligence. Rosalind English talks to Judith Rogerson of 1 Crown Office Row about the implication of this ruling.’

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Law Pod UK, 1st February 2024

Source: audioboom.com

Court of Appeal rejects appeal over finding that manifest error in procurement was not “sufficiently serious” for damages award – Local Government Lawyer

Posted January 31st, 2024 in appeals, damages, local government, news, public procurement by tracey

‘The Court of Appeal has upheld a High Court ruling that an error in the award of an NHS orthodontic contract was not sufficiently serious to entitle the claimant to Francovich damages.’

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Local Government Lawyer, 30th January 2024

Source: www.localgovernmentlawyer.co.uk

Indonesian fruit picker landed in debt bondage challenges Home Office – The Guardian

‘When Ismael found himself sleeping rough at York station in the late October cold he struggled to understand how an opportunity to pick berries 7,000 miles from his home had so quickly ended there.’

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The Guardian, 26th January 2024

Source: www.theguardian.com

Scope of duty since Khan v Meadows – Law Pod UK

‘Rachel Marcus and Marcus Coates-Walker of 1 Crown Office Row join Lucy McCann to explore the principle of the scope of duty in the context of clinical negligence claims. First by analysing the decision in Khan v Meadows [2021] UKSC 21 and then discussing how the courts have grappled with scope of duty issues since.’

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Law Pod UK, 25th January 2024

Source: audioboom.com

Mother of girl whose death was linked to air pollution sues UK government – The Guardian

‘The mother of a nine-year-old girl who became the first person in the UK to have air pollution cited on their death certificate has launched a high court claim against the government.’

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The Guardian, 25th January 2024

Source: www.theguardian.com

Case Comment: TUI Limited v Griffiths [2023] UKSC 48 – UKSC Blog

‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’

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UKSC Blog, 26th January 2024

Source: ukscblog.com

Court of Appeal to rule on first post-PACCAR funding agreement – Legal Futures

‘The Court of Appeal is set to rule on whether a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR is valid.’

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Legal Futures, 23rd January 2024

Source: www.legalfutures.co.uk

We all die: what are doctors’ duties to shield families from the sight of death? – Mental Capacity Law and Policy

‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’

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Mental Capacity Law and Policy, 11th January 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Insurer not entitled to hold back evidence of potential PI fraud – Legal Futures

Posted January 8th, 2024 in damages, disclosure, fraud, insurance, news, personal injuries by tracey

‘An insurer was not entitled to hold back evidence that a claimant was a friend of the owner of the vehicle he collided with, hoping the claimant would lie about it in his witness statement, the High Court has held.’

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Legal Futures, 8th January 2024

Source: www.legalfutures.co.uk

CDE v Surrey and Sussex Healthcare NHS Trust; the material contribution elephant in the room – 12 King’s Bench Walk

‘Andrew Roy KC considers the implications of the Court of Appeal’s recent decision CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 in respect of the vexed and important issue of material contribution.’

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12 King's Bench Walk, 22nd November 2023

Source: clinicalnegligence.blog

Material Contribution and Holmes v Poeton Holdings Limited: One Issue Down, More to Go – 12 King’s Bench Walk

‘Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.’

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12 King's Bench Walk, 28th November 2023

Source: clinicalnegligence.blog

Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog

‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’

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UK Human Rights Blog, 3rd January 2024

Source: ukhumanrightsblog.com

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

What is the appropriate level of damages when a property is unfit for human habitation? – Doughty Street Chambers

‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’

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Doughty Street Chambers, 16th November 2023

Source: insights.doughtystreet.co.uk

Vicarious liability for sexual assault yet again: JXH – Law & Religion UK

Posted January 3rd, 2024 in Church of England, damages, news, sexual offences, vicarious liability by sally

‘In JXH v The Vicar, Parochial Church Council and Churchwardens of the Parish Church of Holcombe Rogus [2023] EWHC 3221 (KB), JXH claimed damages for injury and harm caused by two sexual assaults committed in the period 1979-1981 by Vickery House. The claim was brought against the parish, House having been the incumbent at the time the assaults took place. The parties were agreed that the sexual assaults had taken place, that JXH had suffered damage, including mental harm, and that the appropriate damages award would be £12,000. At the time the assaults took place, BXB was living in a “quasi-monastic” community in a cottage in the parish with two other two young men, supervised by House.’

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Law & Religion UK, 3rd January 2024

Source: lawandreligionuk.com

The Assessment of Damages for Negligent Cosmetic Surgery Abroad: Roger Mann (as Executor of the Estate of Denise Mann) v Towarzystwo Ubezpieczen Inter Polska S.A and Ors – International & Travel Law Blog

‘Mann v Towarzystwo Ubezpieczen Inter Polska S.A and Ors is a useful first instance judgment on the assessment of damages arising from negligent cosmetic surgery abroad. The rising trend for such surgery suggests that travel law practitioners are likely to become well versed in claims of this nature. Aliyah Akram acted for the Claimant in Mann and this post is written by Jessica Muurman.’

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International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

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

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

Harry wins 15 claims in phone-hacking case against Mirror publisher – BBC News

Posted December 15th, 2023 in compensation, damages, interception, media, news, privacy, royal family, telecommunications by tracey

‘Prince Harry has won 15 claims in his case accusing Mirror Group Newspapers of unlawfully gathering information for stories published about him.’

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BBC News, 15th December 2023

Source: www.bbc.co.uk

Government offers hope of full PACCAR solution in the future – Legal Futures

‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’

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Legal Futures, 15th December 2023

Source: www.legalfutures.co.uk