East Kent NHS Trust: Hospital apologises over baby death errors – BBC News

‘A Kent hospital trust has apologised to a grieving mother who was told her baby was dead, then alive, before dying hours later.’

Full Story

BBC News, 10th August 2022

Source: www.bbc.co.uk

Claim against law firm lost by court still thrown out for late service – Legal Futures

Posted August 8th, 2022 in law firms, negligence, news, service, time limits by tracey

‘The High Court has upheld a decision to throw out a negligence claim against a law firm because it was served too late – even though the court had actually lost the claim.’

Full Story

Legal Futures, 8th August 2022

Source: www.legalfutures.co.uk

Costs in lower-value clin neg cases ‘far exceed damages’ – Law Society’s Gazette

Posted August 8th, 2022 in consultations, costs, damages, doctors, negligence, news by tracey

‘Doctors’ representatives in clinical negligence cases have claimed that average costs far outstrip the compensation secured for cases worth less than £25,000.’

Full Story

Law Society's Gazette, 5th August 2022

Source: www.lawgazette.co.uk

Mesh surgeon Tony Dixon fails in anonymity bid – BBC News

Posted August 4th, 2022 in anonymity, negligence, news, reporting restrictions by tracey

‘A former surgeon facing dozens of negligence claims has failed to stop reporting restrictions being applied to a legal case.’

Full Story

BBC News, 4th August 2022

Source: www.bbc.co.uk

Claim against solicitors was attempt to relitigate private prosecution – Legal Futures

‘A professional negligence claim against a firm of solicitors in the North-East has been thrown out as an attempt to relitigate an unsuccessful private prosecution.’

Full Story

Legal Futures, 3rd August 2022

Source: www.legalfutures.co.uk

Unreasonable refusal to engage with ADR – Law Society’s Gazette

‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’

Full Story

Law Society's Gazette, 22nd July 2022

Source: www.lawgazette.co.uk

Case against rugby union governing bodies on dementia destined for courts – The Guardian

‘A legal case involving a group of rugby players diagnosed with early-onset dementia and other irreversible neurological impairments now looks destined for the courts. Proceedings are to be issued by Rylands Law on behalf of a group of professional and semi-professional players against World Rugby, the Rugby Football Union and the Welsh Rugby Union.’

Full Story

The Guardian, 25th July 2022

Source: www.theguardian.com

Oldham doctor who killed woman in botched procedure jailed for three years – The Guardian

Posted July 6th, 2022 in doctors, hospitals, imprisonment, negligence, news, sentencing, unlawful killing by sally

‘A doctor who carried out a botched procedure that led to the death of a woman has been jailed for three years.’

Full Story

The Guardian, 5th July 2022

Source: www.theguardian.com

Litigant in person can sue law centre and barrister for negligence – Legal Futures

‘A litigant in person is not statute-barred from suing a law centre and barrister for professional negligence, a High Court master has ruled.’

Full Story

Legal Futures, 5th July 2022

Source: www.legalfutures.co.uk

Robyn Skilton: Neglect contributed to Sussex teen’s death, coroner rules – BBC News

‘A coroner plans to write to the government about mental health services for young people after ruling a girl’s death was contributed to by neglect.’

Full Story

BBC News, 28th June 2022

Source: www.bbc.co.uk

Birmingham hospital faces criminal probe after death of vulnerable man – BBC News

Posted June 24th, 2022 in hospitals, inquests, mental health, negligence, news by tracey

‘A hospital and one of its managers are facing a criminal investigation into the death of a vulnerable man who absconded by climbing a fence.’

Full Story

BBC News, 23rd June 2022

Source: www.bbc.co.uk

Tort claims for economic loss on construction projects – Avantage v WSP – Practical Law: Construction Blog

Posted June 17th, 2022 in construction industry, duty of care, negligence, news by tracey

‘Construction claims usually arise out of a breach of contract, because it is easier to establish liability than under a tortious claim. However, where there is no contract or the contractual limitation period has expired, or a contracting party is insolvent or is uninsured, parties may have no choice but to bring a claim in tort.’

Full Story

Practical Law: Construction Blog , 14th June 2022

Source: constructionblog.practicallaw.com

Lord Reed, Donoghue v Stevenson – Supreme Court

‘Lord Reed, Donoghue v Stevenson – 90th Anniversary Conference.’

Full speech

Full Story

Supreme Court, 6th June 2022

Source: www.supremecourt.uk

Law firm fails in summary judgment bid over negligence claim – Legal Futures

‘A law firm being sued for more than £2m over a failure to advise properly has failed in its bid for summary judgment over several of the allegations made against it.’

Full Story

Legal Futures, 13th June 2022

Source: www.legalfutures.co.uk

Reports of Calcot abuse prompt calls for reform of children’s social care in UK – The Guardian

‘Ministers are facing calls for urgent reform of the children’s residential care system in the wake of shocking reports of vulnerable youngsters being abused and sexually assaulted at homes run by a private firm making huge profits.’

Full Story

The Guardian, 9th June 2022

Source: www.theguardian.com

Firm guilty of manslaughter after yard workers drowned in pig feed – BBC News

Posted June 8th, 2022 in corporate manslaughter, health & safety, negligence, news by sally

‘A food waste recycling company has been found guilty of corporate manslaughter after two employees drowned in a tanker of semi-liquid pig feed.’

Full Story

BBC News, 7th June 2022

Source: www.bbc.co.uk

TalkTalk: Clever pleading cannot guide Claimants out of Warren – Panopticon

Posted May 30th, 2022 in data protection, negligence, news, third parties by sally

‘Since last year, Warren has proved a thorn in the side of those bringing claims arising out of external cyber-attacks – appearing, at least, to bar such Claimants from relying on the torts of negligence and misuse of private information (MPI), as well as breach of confidence. That appearance was confirmed to be reality by Saini J in Graeme Smith & ors v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB). Avid readers of Panopticon will observe that it was Saini J who also decided Warren, thus confirming the position in Smith (not the South African cricketer), in the face of attempts by the Claimants initially to suggest that Warren was wrongly decided; diluted subsequently to seek to distinguish it on the facts. Saini J’s confirmation of the position post-Warren (and explaining that had given consideration to the case of Swinney v Chief Constable of Northumbria Police Force [1997] QB 464), is important, as it makes the law clear, following HHJ Pearce’s decision in Collins & Ors v Ticketmaster UK Limited [2022] Costs LR 123. In Collins, the Court had not decided the point, but did permit an amendment to plead MPI in a data breach case despite Warren – although “could not say that the claim went beyond that which was arguable”. HHJ Pearce permitted the amendment in Collins where the claimants had argued that Warren could be distinguished and did not apply to cases where the defendant had taken a deliberate decision to conduct its business in a manner that did not comply with the relevant industry standard – as opposed to “pure” omission cases. The clarity now provided by Saini J is welcome, given the importance of the feasibility of MPI claims in this field to claimants potentially being able to recover ATE premia (the conventional wisdom being that they are irrecoverable in DPA/GDPR claims).’

Full Story

Panopticon, 30th May 2022

Source: panopticonblog.com

Claimant Benevolence in a Clinical Negligence Setting, by Tom Bourne-Arton – Farrar’s Building

‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’

Full Story

Farrar's Building, 4th May 2022

Source: www.farrarsbuilding.co.uk

County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

Full Story

Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Woman sentenced to 20 years in prison over death of asthmatic son – The Guardian

‘A heroin addict convicted of fatally neglecting her seven-year-old son, who died alone in a garden from an asthma attack, has been jailed for 20 years.’

Full Story

The Guardian, 28th April 2022

Source: www.theguardian.com