Doctors’ body urges government to aim high with fixed-fee cap for clinical negligence cases – Litigation Futures

Posted April 25th, 2017 in consultations, costs, doctors, fees, health, negligence, news by sally

‘The Medical Protection Society (MPS) has called on the government to be more “bold” with its proposals to introduced fixed costs for clinical negligence cases by including cases worth up to £250,000 – 10 times the proposed limit.’

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Litigation Futures, 25th April 2017

Source: www.litigationfutures.com

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Road Traffic Liability: stick to your own side of the road … and that means cyclists too – Zenith PI Blog

Posted April 5th, 2017 in appeals, bicycles, negligence, news, road traffic offences by sally

‘One cold, dull January morning (at about 8am) C and a friend, R, were riding their bicycles on a single carriageway road. They were both overtaking a stationary line of traffic on their nearside. There was an area of the road which had flooded and C cycled onto the opposing carriageway in an attempt to avoid a large puddle. In doing so, he collided with D’s car travelling on the opposite side of road. R had managed to cycle through the puddle and avoided going onto the opposing carriageway.’

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Zenith PI Blog, 4th April 2017

Source: www.zenithpi.wordpress.com

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Law firms to be banned from touting for business in hospitals – Daily Telegraph

Posted April 3rd, 2017 in costs, hospitals, law firms, negligence, news, personal injuries by sally

‘Law firms will no longer be able to tout for business inside hospitals under plans unveiled by the NHS.’

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Daily Telegraph, 31st March 2017

Source: www.telegraph.co.uk

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Supreme Court clarifies distinction between ‘advice’ and ‘information’ negligence cases – OUT-LAW.com

Posted March 29th, 2017 in drafting, law firms, loans, mistake, negligence, news, Supreme Court by sally

‘A law firm that made a mistake when drafting a loan letter on its client’s instructions, and failing to draw critical information to his attention, was not liable to that client when the loan failed. The client would have made a loss on the loan in any event due to his commercial misjudgments, the UK’s highest court has ruled.

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OUT-LAW.com, 29th March 2017

Source: www.out-law.com

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“Judicial Bias Considered” – Zenith PI Blog

Posted March 29th, 2017 in bias, judiciary, medical treatment, negligence, news by sally

‘In Willmott–v- Rotherham NHS Foundation Trust (2017) EWCA Civ 181 the Court of Appeal considered whether a Judge’s comment during a clinical negligence trial had the objective appearance of bias or prejudging the evidence.’

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Zenith PI Blog, 28th March 2017

Source: www.zenithpi.wordpress.com

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Supreme Court hold law firm not liable for client’s commercial misjudgement – Legal Futures

Posted March 24th, 2017 in drafting, loans, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court has upheld a ruling that a law firm which had been negligent in drawing up a loan facility agreement was not legally responsible for their client’s decision to actually make the loan.’

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Legal Futures, 23rd March 2017

Source: www.legalfutures.co.uk

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What happens when the robots get it wrong? – The Future of Law

‘As new technologies and automation start playing an ever more important role in the legal world, what are the risks in relation to negligence? As new technologies and automation start playing an ever more important role in the legal world, what are the risks in relation to negligence?’

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The Future of Law, 3rd March 2017

Source: www.blogs.lexisnexis.co.uk

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Church liability: fall from ladder – Law & Religion UK

‘On 3 March 2017, the Court of Appeal (Civil) Division handed down the judgment in Casson v Hudson & Anor [2017] EWCA Civ 125 in relation to a claim for damages following a fall from a ladder during the painting of a church hall. The case highlights the potential liabilities faced by incumbents and PCCs in relation to persons undertaking work on premises for which they are responsible.’

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Law & Religion UK, 8th March 2017

Source: www.lawandreligionuk.com

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Appeal court sends £4m solicitors’ negligence claim to trial – Legal Futures

Posted March 8th, 2017 in appeals, intellectual property, law firms, negligence, news, summary judgments by tracey

‘The Court of Appeal has overturned a ruling that gave a national law firm summary judgment in a case alleging that its negligence had caused a company to lose a £4m intellectual property licensing deal with a global engineering giant.’

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Legal Futures, 8th March 2017

Source: www.legalfutures.co.uk

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Roadside Trees – Local Government Law

Posted February 22nd, 2017 in accidents, local government, negligence, news, trees by sally

‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’

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Local Government Law, 21st February 2017

Source: www.11kbw.com/blogs/local-government-law

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Jackson watch: fixed recoverable costs review – New Law Journal

Posted February 22nd, 2017 in budgets, costs, damages, negligence, news, personal injuries, proportionality by sally

‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’

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New Law Journal, 21st February 2017

Source: www.newlawjournal.co.uk

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Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

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Court of Appeal criticises expert who failed to disclose “close connection” with defendant – Litigation Futures

Posted February 15th, 2017 in disclosure, doctors, evidence, expert witnesses, negligence, news by sally

‘A medical expert who failed to disclose that he had trained the defendant on whose behalf he was giving evidence and that they had “worked together closely for a substantial period” has been criticised by the Court of Appeal’

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Litigation Futures, 14th February 2017

Source: www.litigationfutures.com

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Expert Evidence, Independence and Objectivity: Exp v Barker [2017] EWCA Civ 63 – Zenith PI Blog

‘In EXP v Barker, the trial judge and Court of Appeal were faced with an unusual situation. An expert witness – although undoubtedly skilled and experienced in his field – had omitted to mention a close personal connection to the party instructing him.’

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Zenith PI Blog, 13th February 2017

Source: www.zenithpi.wordpress.com

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Still up in the air – is it a Bolam case or a Penney case? – Zenith PI

Posted February 10th, 2017 in cancer, doctors, negligence, news by tracey

‘In 2012 Mr Muller was diagnosed with a malignant melanoma on the sole of his left foot. The cancer had spread, despite a quick biopsy, and all secondary metastases were then removed. Fortunately, Mr Muller proceeded to receive positive six-month scans, is now clear of cancer and has maintained a normal life expectancy. All perfectly ordinary one would think – save that in 2011 a histopathologist had diagnosed the malignant melanoma as a non-malignant ulcer.’

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Zenith PI, 7th February 2017

Source: www.zenithpi.wordpress.com

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Law Society may intervene in landmark fraud case – Law Society’s Gazette

‘The Court of Appeal will be tasked with offering landmark guidance on the liability of professionals where property is purchased through an ID fraud. The Gazette exclusively revealed last week that City firm Mishcon de Reya faced a £1m payout after its client Dreamvar was duped into buying a London property from a tenant posing as the owner.’

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Law Society’s Gazette, 6th February 2017

Source: www.lawgazette.co.uk

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Adesokan v Sainsbury’s – Cloisters

‘Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages.’

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Cloisters, 24th January 2017

Source: www.cloisters.com

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Clin neg fixed costs plans unveiled as Hunt targets ‘unscrupulous’ firms – Law Society’s Gazette

‘Health secretary Jeremy Hunt today finally announced the details of the fixed costs regime for clinical negligence cases.’

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Law Society’s Gazette, 30th January 2017

Source: www.lawgazette.co.uk

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Pedestrian v Car: RTA Case Summary – Zenith PI Blog

Posted January 30th, 2017 in alcohol abuse, careless driving, negligence, news, personal injuries by sally

‘The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car.’

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Zenith PI Blog, 26th January 2017

Source: www.zenithpi.wordpress.com

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Pedestrian -v- car : RTA case summary – Zenith PI Blog

Posted January 26th, 2017 in alcohol abuse, careless driving, negligence, news by tracey

‘Wooldridge v George (2017) QBD (Judge Walden-Smith) 23/01/2017. The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car.’

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Zenith PI Blog, 26th January 2017

Source: www.zenithpi.wordpress.com

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