Jail for PI lawyer who lied in witness statements – Legal Futures

‘A solicitor described by a High Court judge as a “thoroughly dishonest man” has been jailed and a medical expert who produced an “astonishing” 32 reports a day handed a suspended prison sentence for civil contempt of court.’

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Legal Futures, 10th October 2018

Source: www.legalfutures.co.uk

ISSUE-BASED COSTS ORDER? Departing from the usual rule in r.44.2 CPR – Zenith PI

Posted October 9th, 2018 in civil procedure rules, costs, health, negligence, news by tracey

‘In Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 QB, Mrs Justice Yip DBE considered whether it was reasonable to depart from the usual rule in r.44.2 that the winner recovers their costs in full. This is a useful example of how a Court approached the principle of costs when the overall winning party was unsuccessful on a particular issue.’

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Zenith PI, 8th October 2018

Source: zenithpi.wordpress.com

Brecon Beacons SAS deaths: Call for MoD to face courts – BBC News

Posted September 20th, 2018 in armed forces, courts martial, criminal justice, immunity, negligence, news, prosecutions by tracey

‘The Ministry of Defence has not learned lessons from the deaths of three men on an SAS march and should lose its immunity from prosecution, an MP says.’

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BBC News, 19th September 2018

Source: www.bbc.co.uk

Men acquitted after fatal SAS march in Brecon Beacons – BBC News

Posted September 19th, 2018 in armed forces, health & safety, negligence, news by sally

‘Two men overseeing an SAS selection march in which three reservists died have been acquitted of negligence.’

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BBC News, 18th September 2018

Source: www.bbc.co.uk

Conveyancers liable for registration error despite mortgage fraud – Legal Futures

Posted September 14th, 2018 in conveyancing, fraud, mortgages, negligence, news, public interest by tracey

‘There is “no public interest” in allowing a negligent conveyancer to avoid liability when they did not know that their client was actually engaged in mortgage fraud, the Court of Appeal has ruled.’

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Legal Futures, 14th September 2018

Source: www.legalfutures.co.uk

Supreme Court to hear appeal from firm blamed for missed claim – Law Society’s Gazette

Posted September 13th, 2018 in appeals, burden of proof, law firms, negligence, news, Supreme Court by tracey

‘A long-running dispute about the rights of a client to sue his former solicitors will come to the Supreme Court later this year. The court confirmed today that it will hear the appeal of defunct claimant firm Raleys Solicitors against the ruling of the Court of Appeal from May 2017.’

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Law Society's Gazette, 13th September 2018

Source: www.lawgazette.co.uk

Tribunals must “proceed with care” over wasted costs orders where privilege is not waived – Litigation Futures

Posted September 4th, 2018 in costs, employment tribunals, negligence, news, privilege, tribunals, wasted costs orders by sally

‘Employment tribunals should generally give the benefit of doubt to a legal representative facing a wasted costs applications where their client refuses to waive privilege, the president of the Employment Appeal Tribunal (EAT) has decided.’

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Litigation Futures, 31st August 2018

Source: www.litigationfutures.com

Supreme Court “may change approach” to ‘lost litigation’ claims – Legal Futures

Posted September 3rd, 2018 in negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court may look to change the courts’ approach to dealing with claims over negligently conducted litigation later this year in a case involving miners’ compensation, a barrister has suggested.’

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Legal Futures, 31st August 2018

Source: www.legalfutures.co.uk

Court of appeal to rule on struck-off doctor Hadiza Bawa-Garba – The Guardian

Posted August 14th, 2018 in appeals, disciplinary procedures, doctors, mistake, negligence, news by sally

‘The court of appeal is due to rule on whether a doctor who made errors that contributed to the death of a boy can remain in the profession.’

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The Guardian, 13th August 2018

Source: www.theguardian.com

What’s the damage? Revisiting the correct measure of loss in negligent surveyor cases – Hardwicke Chambers

Posted August 9th, 2018 in damages, negligence, news, surveyors by sally

‘As construction lawyers, most of us have had experience with claims concerning the financial loss and/or damage to property arising from a negligent survey of a house. The facts of such cases tend to follow a pattern:

– Prospective purchasers instruct a surveyor to produce a report before deciding whether to buy a particular property.
– The report concludes that the house is in sound structural condition
– The prospective purchasers rely on said report in deciding to purchase the property.
– After moving in, they discover that in fact the house suffers from damage, defects or some other risk not disclosed in the survey.’

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Hardwicke Chambers, 1st August 2018

Source: www.hardwicke.co.uk

Cardiotocography: An Introduction – No. 5 Chambers

Posted August 7th, 2018 in birth, evidence, negligence, news, personal injuries by sally

‘Cardiotocography traces form a central piece of documentary evidence in litigation related to adverse perinatal outcomes, which are alleged to have arisen due to events that took place during the labour and/or delivery of the baby. Cardiotocography is therefore an important element to get to grips with for any practitioner when working on birth injury cases. Errors in electronic‏ fetal heart rate monitoring or cardiotocography are a‏ common theme in such cases with injuries to the baby‏ including cerebral palsy, stillbirth and scarring and injuries‏ to the mother including damage to the mother’s perineum‏ or vagina resulting in disability which limits sexual‏ intercourse, lack of control of bladder/bowel function‏ and of course psychological or psychiatric sequelae.‏ A recent review by NHS Resolution in September 2017‏ found that 32 out of the 50 cerebral palsy cases looked‏ at, involved errors of cardiotocography interpretation.‏ This article is a beginner’s guide to cardiotocography for‏ application in medical negligence cases.’‏ ‏

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No. 5 Chambers, 31st July 2018

Source: www.no5.com

A Marriage Between The Human Rights Act and Medical Negligence?….The Engagement is Definitely Off! – Park Square Barristers

Posted August 6th, 2018 in hospitals, human rights, inquests, medical treatment, negligence, news by sally

‘Lorraine Harris reviews the case of Parkinson which now clarifies the extremely limited use of Article 2 in cases of death following medical treatment, as well as the difficulty of challenging the decision making of a Coroner. Analysis at the close of the article reveals the salient points of the case.’

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Park Square Barristers, 10th July 2018

Source: www.parksquarebarristers.co.uk

Costs blow for tardy defendant with ‘worse than hopeless’ case – Law Society’s Gazette

Posted August 6th, 2018 in costs, delay, hospitals, indemnities, negligence, news, part 36 offers, time limits by sally

‘Civil claimants despairing at Part 36 costs rules have a ray of hope following a court’s decision to swing the pendulum their way again. In Holmes v West London Mental Health NHS Trust the High Court ruled last week that a defendant party who waited 15 months to accept a Part 36 offer must pay indemnity costs covering the period of delay.’

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Law Society's Gazette, 3rd August 2018

Source: www.lawgazette.co.uk

Inquest negligence claim against Leigh Day thrown out – Legal Futures

Posted August 3rd, 2018 in inquests, law firms, negligence, news by tracey

‘A claim that well-known law firm Leigh Day was negligent in its representation of the family of the deceased at an inquest has been dismissed by the High Court.’

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Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

What’s the damage? Revisiting the correct measure of loss in negligent surveyor cases – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, damages, negligence, news, surveyors by tracey

‘As construction lawyers, most of us have had experience with claims concerning the financial loss and/or damage to property arising from a negligent survey of a house.’

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Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

Manslaughter: Definitive guideline – Sentencing Council

Posted August 2nd, 2018 in diminished responsibility, homicide, negligence, press releases, sentencing by tracey

‘The new guideline will come into effect on 1 November 2018.’

Full guideline

Sentencing Council, 31st July 2018

Source: www.sentencingcouncil.org.uk

Grenfell Tower: Sentences for gross negligence manslaughter could increase after investigation into deadly fire – The Independent

‘Sentences for gross negligence manslaughter, which is being considered by investigators looking into the Grenfell Tower fire, could be increased under new advice given to judges.’

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The Independent, 31st July 2018

Source: www.independent.co.uk

Charlotte Brown: Man guilty of first date speedboat death – BBC News

Posted July 27th, 2018 in homicide, negligence, news by sally

‘A man has been found guilty of killing a woman in a speedboat crash on the River Thames during their first date.’

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BBC News, 26th July 2018

Source: www.bbc.co.uk

Claim against law firm within limitation period despite “unconnected” abuse of process – Litigation Futures

Posted July 12th, 2018 in abuse of process, law firms, limitations, negligence, news by sally

‘A professional negligence claim was brought within the limitation period despite an “unconnected” abuse of process over the court fee paid, the High Court has held.’

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Litigation Futures, 11th July 2018

Source: www.litigationfutures.com

Michael Maguire death: Army captain guilty of manslaughter – BBC News

Posted July 5th, 2018 in armed forces, courts martial, firearms, homicide, negligence, news by tracey

‘An Army captain has been convicted of gross negligence manslaughter at a court martial after a soldier was killed during a live fire exercise.’

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BBC News, 4th July 2018

Source: www.bbc.co.uk