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

Dreamvar – where do we go from here? – Hardwicke Chambers

Posted June 18th, 2018 in breach of trust, identity fraud, negligence, news, sale of land, solicitors by sally

‘Who bears the loss when a purchaser agrees to buy a property which isn’t the seller’s to sell? In recent years the courts have had to grapple with the problem caused by “identity fraud”, where a fraudster masquerades as the owner of property, “sells” it to the unsuspecting victim, and then absconds with the money.’

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Hardwicke Chambers, 30th June 2018

Source: www.hardwicke.co.uk

Bouncy castle death pair jailed for three years – BBC News

Posted June 18th, 2018 in children, health & safety, homicide, negligence, news, sentencing by sally

‘Two fairground workers convicted of manslaughter by gross negligence after a bouncy castle blew away with a young girl inside have been jailed.’

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BBC News, 15th June 2018

Source: www.bbc.co.uk

NHS patient deaths to be investigated by medical examiners – The Guardian

Posted June 11th, 2018 in doctors, homicide, hospitals, negligence, news by sally

‘Medical examiners will investigate patient deaths in the NHS as part of changes to improve patient safety and protect medical staff from being criminalised for their mistakes.’

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The Guardian, 11th June 2018

Source: www.theguardian.com

Supreme Court to hear Darnley appeal in A&E receptionist case – Law Society’s Gazette

Posted June 6th, 2018 in appeals, hospitals, negligence, news, Supreme Court by tracey

‘The Supreme Court will look again this week at a case that split the Court of Appeal and was widely felt to have serious implications for clinical negligence law. Justices will hear the appeal in Darnley v Croydon Health Services NHS Trust after a challenge from the paralysed claimant was dismissed by majority in the Court of Appeal last year.’

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Law Society's Gazette, 6th June 2018

Source: www.lawgazette.co.uk

Doctor can return to work after causing decapitation of baby in mother’s womb, tribunal rules – The Independent

‘A doctor who caused a baby to be decapitated during birth has been cleared of misconduct and can return to work.’

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The Independent, 6th June 2018

Source: www.independent.co.uk

Jail for man who “grossly exaggerated” impact of negligent treatment in NHS first – Litigation Futures

Posted June 4th, 2018 in damages, medical treatment, negligence, news, personal injuries, sentencing by sally

‘A man who “grossly exaggerated” the effects of negligent hospital treatment – claiming £837,000 when he had been offered £30,000 – was last week sentenced to three months in jail in the first contempt of court case brought by an NHS foundation trust.’

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Litigation Futures, 4th June 2018

Source: www.litigationfutures.com

The Importance of Risk Assessments – Zenith PI Blog

Posted May 30th, 2018 in appeals, negligence, news, personal injuries by sally

‘In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation. On appeal the judge rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal.’

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Zenith PI Blog, 28th May 2018

Source: zenithpi.wordpress.com

High Court refuses to strike out £1.2m family law negligence claim – Legal Futures

Posted May 16th, 2018 in law firms, negligence, news, striking out by sally

‘“Very real obstacles” faced by a family law client in bringing a negligence action against a Cheshire law firm did not mean that the claim should be struck out in its entirety, the High Court has ruled.’

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Legal Futures, 16th May 2018

Source: www.legalfutures.co.uk