Lord Sumption at the Personal Injuries Bar Association Annual Lecture, London – Supreme Court

Posted November 17th, 2017 in accidents, compensation, damages, insurance, lectures, negligence, personal injuries by tracey

‘Abolishing Personal Injuries Law – A project’

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Supreme Court, 16th November 2017

Source: www.supremecourt.uk

How testing the evidence differs in adjudication and court – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, dispute resolution, evidence, negligence, news by tracey

‘When I read Fraser J’s judgment in Riva Properties Ltd v Foster + Partners Ltd, the thing that struck me was how, in adjudication, we don’t always get the benefit of seeing the evidence tested to the same degree as you do in court or arbitration proceedings.’

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Practical Law: Construction Blog, 14th November 2017

Source: constructionblog.practicallaw.com

Woman jailed for manslaughter after ‘gross neglect’ of her 91-year-old grandmother – The Independent

Posted November 15th, 2017 in elderly, families, grandparents, homicide, negligence, news by tracey

‘A woman has been jailed for three years for the manslaughter of her 91-year-old grandmother, who had been in need of “urgent medical attention”.’

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The Independent, 14th November 2017

Source: www.independent.co.uk

Section 33 of the Limitation Act 1980: Mossa v Wise [2017] EWHC 2608 (QB) – Zenith PI Blog

Posted November 14th, 2017 in doctors, limitations, medical treatment, negligence, news by tracey

‘The High Court upheld a Master’s decision to allow a clinical negligence action to proceed pursuant to section 33 of the Limitation Act 1980.’

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Zenith PI Blog, 13th November 2017

Source: zenithpi.wordpress.com

Tax scheme negligence claims fail as time limits began to run before a tribunal decision on a similar scheme, says Court – OUT-LAW.com

Posted November 13th, 2017 in charities, financial advice, HM Revenue & Customs, negligence, news, taxation, time limits by tracey

‘Negligence claims against tax advisers who had given assurances about the effectiveness of tax schemes failed because the claims were not brought within the limitation period.’

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OUT-LAW.com, 10th November 2017

Source: www.out-law.com

Peanut curry death: Mohammed Zaman fails in appeal bid – BBC News

Posted November 9th, 2017 in allergies, appeals, food, negligence, news, sentencing by tracey

‘A restaurant owner who was jailed after a customer died from an allergic reaction to a curry has failed in a bid to have his conviction overturned.’

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BBC News, 9th November 2017

Source: www.bbc.co.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

Brecon Beacons deaths: families dismayed at junior officers’ charges – The Guardian

Posted November 3rd, 2017 in armed forces, courts martial, health & safety, inquests, negligence, news by tracey

‘The families of three men who suffered fatal heat illness during an SAS training march in the Brecon Beacons have expressed dismay that two relatively junior special services soldiers face charges of neglect rather than more senior figures or Ministry of Defence officials.’

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The Guardian, 2nd November 2017

Source: www.theguardian.com

Woman wins £115,000 from former friend after breaking her arm being pulled over by her Alsatian – Daily Telegraph

Posted November 2nd, 2017 in compensation, costs, dogs, negligence, news, personal injuries by tracey

‘A woman has won £115,000 from her former friend after she broke her arm and hip when she was pulled over by her Alsatian dog.’

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Daily Telegraph, 1st November 2017

Source: www.telegraph.co.uk

Autonomous and Electric Vehicles Bill – new UK proposals to promote AVs – Technology Law Blog

‘The UK Government has proposed new legislation to support the development and take-up of autonomous and electric vehicles.’

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Technology Law Blog, 24th October 2017

Source: www.technology-law-blog.co.uk

Bad advice, limitation and tax avoidance – Hardwicke Chambers

Posted October 23rd, 2017 in limitations, negligence, news, tax avoidance by sally

‘When does the claimant’s cause of action accrue in a professional negligence case? In particular, at what point has the claimant suffered a recoverable loss? This question is of course most relevant when a potential limitation defence arises under section 2 of the Limitation Act 1980, and is an issue that the courts have struggled with for some time. The recent case of Halsall v Champion Consulting Limited [2017] EWHC 1079 (QB) serves as a useful reminder of the difficulties that can arise in this area.’

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Hardwicke Chambers, 17th October 2017

Source: www.hardwicke.co.uk

When must a client be saved from himself? It is all a question of money says the Court of Appeal – Hardwicke Chambers

Posted October 20th, 2017 in fees, negligence, news, personal injuries, solicitors by sally

‘Do solicitors’ duties depend on how much they are paid? Are clients entitled to expect the same level of service from solicitors when they are strapped for cash? In Thomas v HJFS, the Court of Appeal has suggested that the standard of professional duties could be lowered when they are provided at a discount.’

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Hardwicke Chambers, 17th October 2017

Source: www.hardwicke.co.uk

Case Law Update – Byrom Street Chambers

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

“ADR is failing” says Civil Justice Council but compulsion is not yet the answer – Litigation Futures

Posted October 19th, 2017 in arbitration, Civil Justice Council, dispute resolution, negligence, news, reports by tracey

‘The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council (CJC) said today, but it stopped short of calling for the introduction of compulsory ADR.’

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Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Government accepts Jackson’s call for CJC to seek industry agreement on low-value clin neg claims – Litigation Futures

Posted October 17th, 2017 in Civil Justice Council, costs, health, negligence, news by tracey

‘The government has accepted Lord Justice Jackson’s recommendation that the Civil Justice Council (CJC) be tasked with negotiating a new bespoke process and fixed costs regime for low-value clinical negligence claims, it emerged yesterday.’

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Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Judge warns against ‘hindsight’ to justify indemnity costs – The Guardian

Posted October 10th, 2017 in budgets, costs, indemnities, negligence, news by sally

‘The High Court has rejected the chance to approve indemnity costs against a losing party after it found the bringing of the case could be justified.’

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The Guardian, 10th October 2017

Source: www.lawgazette.co.uk

July to September 2017 case review for construction practitioners – Practical Law: Construction Blog

Posted October 5th, 2017 in arbitration, construction industry, contracts, negligence, news by tracey

‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

Kevin Nunes murder: Staffordshire Police ‘mishandled’ paid witness – BBC News

Posted October 5th, 2017 in complaints, disciplinary procedures, gangs, murder, negligence, news, police, reports, witnesses by tracey

‘”Significant failures” by Staffordshire Police over a gangland killing led to the unsafe convictions of five men, a police watchdog report has found.’

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BBC News, 4th October 2017

Source: www.bbc.co.uk

High Court questions growing use of standstill agreements – Litigation Futures

Posted October 3rd, 2017 in agreements, negligence, news, stay of proceedings, striking out by sally

‘The High Court has questioned the growing use of standstill agreements in litigation, saying they are “potentially just another self-inflicted complication” when it would be simpler to apply for a stay.’

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Litigation Futures, 3rd October 2017

Source: www.litigationfutures.com

Law Pod UK Ep. 11: The cost of surrogacy – a legitimate claim? – 1 COR

Posted October 2nd, 2017 in costs, damages, hospitals, negligence, news, surrogacy by sally

‘Rosalind English talks to David Prest about a recent High Court ruling on damages: Can someone who has been rendered infertile claim the costs of surrogacy abroad? A hospital admitted negligence in failing to diagnose the claimant’s cervical cancer. The chemotherapy and radiation treatment which followed rendered her infertile, but just before the treatment, her eggs were harvested and frozen. The court was asked to consider whether damages could include the cost of commercial surrogacy, an arrangement which is not legal in this country.’

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Law Pod UK, 29th September 2017

Source: audioboom.com