Professionals, continuing duty and limitation – Mills & Reeve

Posted June 15th, 2021 in contracts, limitations, mistake, negligence, news by sally

‘Does a professional such as a solicitor, architect or pensions adviser have a duty to revisit their work and to correct a mistake they’ve made earlier? This is an important question for any professional and can be particularly significant when a client alleges that work done many years ago was negligent.’

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Mills & Reeve, 14th June 2021

Source: www.mills-reeve.com

Failure to remove claims and section 20 accommodation – Local Government Lawyer

‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Documents privileged despite ‘element of deception’ – Law Society’s Gazette

Posted June 10th, 2021 in disclosure, documents, misrepresentation, negligence, news, privilege by sally

‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’

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Law Society's Gazette, 9th June 2021

Source: www.lawgazette.co.uk

Duty of care for the acts of third parties – Law Society’s Gazette

‘In Begum v Maran (UK) Ltd [2021] EWCA Civ 326, the Court of Appeal recently refused to dismiss a claim seeking damages from a UK-domiciled company following its sale of a ship to a third party, which arranged for its disposal in an unsafe manner. Although limited to arguability, it offers key insights into how duties could evolve into the consequences of corporates’ interactions with third parties.’

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Law Society's Gazette, 7th June 2021

Source: www.lawgazette.co.uk

Claimants awarded £2,000 damages – and ordered to pay £500,000 interim costs – Law Society’s Gazette

‘A litigant in a building dispute who claimed £3.7m in damages – only to be awarded just £2,000 at trial – has been hit with a costs bill of at least £500,000.’

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Law Society's Gazette, 2nd June 2021

Source: www.lawgazette.co.uk

‘More work to do’ to improve Nottingham maternity units – BBC News

‘More needs to be done to bring maternity units at a city’s two main hospitals up to scratch, inspectors have said.’

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BBC News, 28th May 2021

Source: www.bbc.co.uk

Much still to do, says litigation investor after breast implant case progress – Litigation Futures

‘A litigation investment company bringing High Court proceedings over PIP breast implants has welcomed a liability decision in France but said there is “still much more work to be done” on its claim in the UK.’

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Litigation Futures, 21st May 2021

Source: www.litigationfutures.com

Firm avoids negligence penalty following out-of-time ruling – Law Society’s Gazette

Posted May 20th, 2021 in leases, limitations, mistake, negligence, news, solicitors by tracey

‘A professional negligence claim against solicitors was issued too late because the clock began ticking from when the mistake was initially made rather than when damage ensued, the Court of Appeal has ruled.’

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Law Society's Gazette, 19th May 2021

Source: www.lawgazette.co.uk

Defensive Advising Strategies 1: What you learn from practising in the field of professional negligence – Wilberforce Chambers

‘Relatively speaking, barristers usually have rather broad practices. Even if (like me) a significant part of their practice is concerned with advisory work and drafting, barristers are often also engaged on various litigious matters relating to their underlying area of expertise, including professional negligence claims. By contrast, despite exposure to a variety of areas of practice whilst training, the organisation of many firms of solicitors can often have the effect that private client solicitors know little of litigation. For example, I once saw a draft witness statement prepared by a private client solicitor, where the parties in the heading were referred to separately in each capacity – as with a deed. And it is particularly problematic that private client lawyers often do not know very much about the field of professional negligence.’

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Wilberforce Chambers, 13th May 2021

Source: www.wilberforce.co.uk

NHS to put stronger focus on learning from litigation claims – Litigation Futures

Posted May 10th, 2021 in budgets, compensation, hospitals, negligence, news, statistics by tracey

‘A new best practice guide urging board-level attention at NHS trusts so they can learn more from clinical negligence cases has been issued in a bid to improve patient safety and reduce claims.’

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Litigation Futures, 10th May 2021

Source: www.litigationfutures.com

Judge criticises solicitors for sending him letter during trial – Litigation Futures

‘A High Court judge has criticised solicitors who sent him a letter during a trial trying to explain points that had arisen during cross-examination.’

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Litigation Futures, 6th May 2021

Source: www.litigationfutures.com

Cauda Equina: Tells & Tales About the “Horse’s Tail” – Ropewalk Clinical Negligence Blog

Posted May 4th, 2021 in causation, doctors, hospitals, medical treatment, negligence, news by tracey

‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’

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Ropewalk Clinical Negligence Blog, 29th April 2021

Source: www.ropewalk.co.uk

Clinical Negligence Cases: When the Bolam Test Does Not Apply – Ropewalk Clinical Negligence Blog

Posted April 21st, 2021 in chambers articles, doctors, medical treatment, negligence, news by tracey

‘The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582. In Bolam, the Claimant sustained fractures of the acetabula during a course of electro-convulsive therapy administered to him at the Defendant’s mental hospital. In considering whether the Defendant was negligent in the manner in which it carried out the treatment, McNair J confirmed that: “the true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” (p.587). As case law has developed, so have the principles underpinning the issue of breach of duty in medical negligence cases. This has led to a recognition that the Bolam test is not appropriate to apply in every case.’

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Ropewalk Clinical Negligence Blog, 20th April 2021

Source: www.ropewalk.co.uk

Sapphire House: ‘Anger’ over report into neglect death care home – BBC News

‘The mother of a man who died after suffering neglect said she felt “extreme distress and anger” at a critical new report into his care home.’

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BBC News, 21st April 2021

Source: www.bbc.co.uk

Iddon v Warner: a finding of fundamental dishonesty in a clinical negligence case – Parklane Plowden

Posted April 16th, 2021 in cancer, chambers articles, damages, deceit, doctors, negligence, news by sally

‘The Claimant brought a claim for damages against her General Practitioner for a missed diagnosis of breast cancer. As a result of the negligence, the Claimant had to undergo a mastectomy and axillary dissection, which would otherwise have been unnecessary. The Claimant argued that these treatments had left her with incapacitating chronic pain. The Defendant admitted breach of duty and causation, but contended that her claim should be dismissed because she had been fundamentally dishonest in relation to the claim.’

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Parklane Plowden, 1st April 2021

Source: www.parklaneplowden.co.uk

Firm’s breach over counterparty’s name caused no loss, rules High Court – Law Society’s Gazette

Posted April 16th, 2021 in compensation, drafting, fees, law firms, negligence, news, solicitors by tracey

‘A firm’s drafting mistake in a standstill agreement was a breach of its duty but caused no loss to the client, a judge has ruled.’

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Law Society's Gazette, 15th April 2021

Source: www.lawgazette.co.uk

Budget variation application failed promptness test, master rules – Litigation Futures

Posted April 15th, 2021 in budgets, civil procedure rules, costs, drafting, negligence, news by sally

‘A High Court master has sent out a strong message on the need to seek budget variations promptly after refusing a bid to increase two claimants’ budgets by £1.3m.’

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Litigation Futures, 13th April 2021

Source: www.litigationfutures.com

Limitation period for a tortious claim: when does it end? – Practical Law: Construction Blog

Posted April 12th, 2021 in construction industry, contracts, damages, limitations, negligence, news, time limits by tracey

‘Some breaches of contract do not become apparent until many years have passed. This is especially true where the result is a defect. Recently, our colleague Charlotte Mears blogged on limitation periods under contract. But what happens after the limitation period under a contract has expired? This blog explores the extent to which an answer lies in tort focusing on the tort of negligence.’

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Practical Law: Construction Blog , 7th April 2021

Source: constructionblog.practicallaw.com

High Court: No duty on barrister not to cause instructing solicitor loss – Legal Futures

Posted March 23rd, 2021 in barristers, fees, negligence, news, set-off, solicitors by sally

‘A barrister was not liable to her instructing solicitors for the fees they claimed they lost out on as a result of her alleged negligence, the High Court has ruled.’

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Legal Futures, 23rd March 2021

Source: www.legalfutures.co.uk

Woman jailed for wildly exaggerated clinical negligence claim – Litigation Futures

Posted March 18th, 2021 in contempt of court, damages, negligence, news, personal injuries, sentencing by sally

‘A woman who duped her lawyers as she wildly exaggerated a clinical negligence claim, seeking damages of £5.7m instead of the £350,000 her case was worth, has been jailed for contempt of court.’

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Litigation Futures, 18th March 2021

Source: www.litigationfutures.com