Professional negligence round up: what were the key areas of development in 2017 and what are the battlegrounds for the future? – 4 New Square

Posted January 9th, 2018 in fees, negligence, news, solicitors by sally

‘2017 was a particularly significant year for professional liability cases, with a handful of problematic areas of the law receiving repeated consideration by the courts. Below we set out our thoughts on how the law has changed or been reaffirmed in these areas, explain whether there have been any discernible shifts in policy and identify further points ripe for dispute and development in 2018.’

Full Story

4 New Square, 4th January 2018

Source: www.4newsquare.com

Bank held negligent for failing to ensure promissory note was properly signed – OUT-LAW.com

Posted January 8th, 2018 in banking, documents, negligence, news, witnesses by sally

‘The bank arranger of a $650 million Islamic bond financing deal has been found negligent for failing to ensure that a promissory note, used as security, was properly signed.’

Full Story

OUT-LAW.com, 8th January 2018

Source: www.out-law.com

Protection from neighbours – no duty – Nearly Legal

Posted January 8th, 2018 in appeals, children, housing, local government, negligence, news, social services by sally

‘What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence.’

Full Story

Nearly Legal, 7th January 2018

Source: nearlylegal.co.uk

The award of damages to enable surrogacy – Family Law

Posted December 21st, 2017 in damages, hospitals, negligence, news, surrogacy by tracey

‘Given the nebulous nature of surrogacy law in the UK and the decision in Briody v St Helen’s and Knowsley Area Health Authority [2001] EWCA Civ 1010, [2001] 2 FLR 1094, with its confusing obiter dicta, it is somewhat surprising that the funding of surrogacy for an infertile young woman was included in the heads of damages in the decision in XX v Whittington Hospital Trust [2017] EWHC 2318 (QB).’

Full Story

Family Law, 20th December 2017

Source: www.familylaw.co.uk

Maternity mistakes: 276,000 incidents logged in two years – BBC News

Posted December 21st, 2017 in birth, hospitals, mistake, negligence, news, statistics by tracey

‘Tens of thousands of mothers and babies in England were harmed by potential lapses in maternity care in the past two years, the BBC has learned. More than 276,000 incidents were logged by worried hospital staff between April 2015 and March 2017 – the equivalent of one mistake for every five births.’

Full Story

BBC News, 21st Decembher 2017

Source: www.bbc.co.uk

Stepfather jailed over boy’s water park drowning – BBC News

Posted December 20th, 2017 in children, homicide, negligence, news, sentencing, social services, suspended sentences by tracey

‘The stepfather of a five-year-old boy who drowned at a water park has been jailed for seven-and-a-half years.’

Full Story

BBC News, 20th December 2017

Source: www.bbc.co.uk

Tax firm negligent for not warning about risks of avoidance scheme – Law Society’s Gazette

Posted December 13th, 2017 in law firms, negligence, news, tax avoidance by sally

‘The Court of Appeal has ruled that a law firm was negligent in not giving its client any specific warning about the pitfalls of a tax avoidance scheme.’

Full Story

Law Society's Gazette, 12th December 2017

Source: www.lawgazette.co.uk

Court of Appeal finds firm negligent for failing to warn over risk of tax avoidance scheme – Legal Futures

Posted December 12th, 2017 in appeals, law firms, negligence, news, solicitors, tax avoidance by sally

‘A firm of solicitors should have warned a client of the significant risk that a tax avoidance scheme would not withstand a challenge from HM Revenue & Customs (HMRC), the Court of Appeal has ruled.’

Full Story

Legal Futures, 12th December 2017

Source: www.legalfutures.co.uk

Is the Smith case a step forward for the rights of cohabitees? – Family Law

Posted December 12th, 2017 in bereavement, cohabitation, human rights, negligence, news, personal injuries by sally

‘The inability of long term cohabitees to claim the bereavement award in personal injury cases is incompatible with their human rights: this was the recent finding of the Court of Appeal in Smith (suing in her own right and as the surviving partner of John Bulloch, deceased) v Lancashire Teaching Hospitals NHS Foundation Trust and others [2017] EWCA Civ 1916.’

Full Story

Family Law, 11th December 2017

Source: www.familylaw.co.uk

Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden

Law of Medicine and the Individual: current issues (PDF)

Lecture by Lady Justice Arden

Justice KT Desai Memorial Lecture, October 2017

Source: www.judiciary.gov.uk

Undercover police officers: how far does their legal liability go? – UK Human Rights Blog

‘The High Court has refused an application to strike out a claim in negligence and misfeasance in public office taken by someone born as a result of a liaison between an activist in the animal liberation movement and a man who subsequently turned out to be an undercover police officer.’

Full Story

UK Human Rights Blog, 8th December 2017

Source: ukhumanrightsblog.com

Tiuta International Limited (in liquidation) v De Villiers Surveyor s Limited [2017] UKSC 77 – Hailsham Chambers

Posted December 8th, 2017 in loans, negligence, news, Supreme Court, valuation by sally

‘The decision in Tiuta continues the series of recent Supreme Court decisions that make for essential reading among professional liability practitioners.’

Full Story

Hailsham Chambers, 29th November 2017

Source: www.hailshamchambers.com

Haider Abdullah v Credit Suisse – Blackstone Chambers

Posted December 8th, 2017 in banking, contribution, markets, negligence, news by sally

‘The Commercial Court (Andrew Baker J) has given judgment in favour of the Claimants in their action for damages against Credit Suisse under s.138D of the Financial Services and Markets Act 2000 (FSMA).’

Full Story

Blackstone Chambers, 27th November 2017

Source: www.blackstonechambers.com

Hillsborough police officer granted funds to fight potential manslaughter charges – The Guardian

Posted December 5th, 2017 in homicide, legal aid, negligence, news, police, stay of proceedings by tracey

‘The former senior police officer who was the match commander at the Hillsborough disaster is to get funding to fight a possible prosecution on charges of gross negligence manslaughter.’

Full Story

The Guardian, 4th December 2017

Source: www.theguardian.com

MPs urge “complacent” government to consider mandatory mediation to cut clinical negligence costs – Litigation Futures

Posted December 1st, 2017 in dispute resolution, negligence, news, personal injuries by tracey

‘The government has been “slow and complacent” in its response to the rising costs of clinical negligence and should consider mandatory mediation for certain types of claim, MPs on the public accounts committee (PAC) said today.’

Full Story

Litigation Futures, 1st December 2017

Source: www.litigationfutures.com

Damages for wrongful birth: how far does a doctor’s responsibility go? – UK Human Rights Blog

Posted November 29th, 2017 in birth, causation, damages, doctors, negligence, news by sally

‘Can a mother who consults a doctor with a view to avoiding the birth of a child with one disability recover damages for the costs associated with another disability?’

Full Story

UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

Court of Appeal rejects NHS challenge to taking out clinical negligence ATE at start of case – Litigation Futures

Posted November 29th, 2017 in costs, expert witnesses, insurance, negligence, news by sally

‘Clinical negligence claimants can continue to take out after-the-event (ATE) insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.’

Full Story

Litigation Futures, 28th November 2017

Source: www.litigationfutures.com

NHS pays out record compensation to cancer patients – Daily Telegraph

Posted November 27th, 2017 in cancer, compensation, damages, freedom of information, health, negligence, news by sally

‘The number of cancer patients successfully suing the NHS for missed diagnoses has doubled in the past five years, new figures show.’

Full Story

Daily Telegraph, 26th November 2017

Source: www.telegraph.co.uk

Contributory negligence and construction contracts – Hardwicke Chambers

‘A plethora of issues were raised, and disposed of, by Fraser J’s recently handed-down judgment in Riva Properties and others v Foster + Partners Ltd, the most awkwardly entertaining one being the sense of pantomime arising from the court’s clear disapproval of the architect’s behaviour, which was described at various stages as “grubby”, “disingenuous” and “wholly unprofessional”.’

Full Story

Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Know your limitation – New Law Journal

Posted November 22nd, 2017 in damages, limitations, negligence, news, statutory interpretation, taxation, time limits by sally

‘A number of hot topics in the professional negligence arena came before Mrs Justice Moulder in the recent case of Halsall and Others v Champion Consulting Limited and Others [2017] EWHC 1079 (QB), [2017] All ER (D) 44 (Jun). The result ultimately turned on the application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was dismissed as statute barred. But was the decision on limitation correct?’

Full Story

New Law Journal, 27th October 2017

Source: www.newlawjournal.co.uk