What the Divisional Court’s decision in SRA v Sovani James tells us about wellbeing for lawyers: some reasons for optimism- 4 New Square

‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’

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4 New Square, 16th November 2018

Source: www.4newsquare.com

On the spot: accidents at work – New Law Journal

‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’

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New Law Journal, 7th December 2018

Source: www.newlawjournal.co.uk

SRA v James: When “I was driven to it” is no defence – 4 New Square

‘It is well-known that if a solicitor is guilty of dishonesty in and about the work he or she does, they will be struck off unless they can show “exceptional circumstances”. For a while it was thought that extreme and intolerable work pressure giving rise to mental health issues, in turn giving rise to an act or acts of dishonesty, might suffice.’

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4 New Square, 13th November 2018

Source: www.4newsquare.com

Supreme Court confirms carrier liability for cargo damage – OUT-LAW.com

Posted December 10th, 2018 in burden of proof, negligence, news, shipping law, Supreme Court by sally

‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’

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OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Hillsborough police chief to face 95 manslaughter charges after judge rejects bid to halt prosecution – The Independent

‘The former chief superintendent of South Yorkshire Police is to stand trial for the manslaughter of 95 fans at Hillsborough after an attempt to halt the case failed.’

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The Independent, 6th December 2018

Source: www.independent.co.uk

Ep. 56: Psychiatric harm and childbirth – Law Pod UK

Posted December 6th, 2018 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘Emma-Louise Fenelon talks with 1 Crown Office Row’s Suzanne Lambert about a recent High Court decision – YAH v Medway NHS Foundation Trust which addressed the issue of claims brought as a result of psychiatric harm arising out of childbirth.’

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Law Pod UK, 3rd December 2018

Source: audioboom.com

Student accepts more than £10,000 after dentist incorrectly fitted braces on her teeth – Daily Telegraph

Posted November 28th, 2018 in compensation, dentists, negligence, news by tracey

‘A university student has accepted more than £10,000 after a dentist incorrectly fitted braces on her teeth which she wore for four years.’

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Daily Telegraph, 27th November 2018

Source: www.telegraph.co.uk

The limits of doctors’ liability for wrongful birth – UK Human Rights Blog

Posted November 27th, 2018 in appeals, autism, birth, children, disabled persons, doctors, limitations, negligence, news, pregnancy by tracey

‘Khan v MNX [2017] EWHC 2990 (QB). The Court of Appeal has held that a mother who consults a doctor in order to avoid the birth of a child with one disability may not recover damages for the costs associated with a different disability.’

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UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com

Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’

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Zenith PI, 26th November 2018

Source: zenithpi.wordpress.com

Ep. 49: The Importance of Informed Consent in Clinical Negligence – Law Pod UK

Posted November 13th, 2018 in birth, consent, health, human rights, negligence, news, pregnancy, women by sally

‘Emma-Louise Fenelon talks with Suzanne White, the head of clinical negligence at Leigh Day Solicitors, about recent developments with regards to women’s rights in healthcare and informed consent in the context of childbirth.’

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Law Pod UK, 12th November 2018

Source: audioboom.com

Takeaway bosses jailed for death of teenage nut allergy sufferer – Daily Telegraph

‘Two takeaway bosses have been jailed over the manslaughter of a 15-year-old girl who suffered an allergic reaction to a meal.’

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Daily Telegraph, 7th November 2018

Source: www.telegraph.co.uk

Farmer guilty over death of worker trapped by her hair – BBC News

Posted November 6th, 2018 in accidents, health & safety, homicide, negligence, news by sally

‘A farmer has been found guilty of causing the death of a 20-year-old woman whose hair became entangled in a milling machine.’

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BBC News, 5th November 2018

Source: www.bbc.co.uk

Supreme Court rejects time bar in passenger death at sea case – OUT-LAW.com

‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

Defendants pay heavy price for refusing to discuss costs – Law Society’s Gazette

‘Defendants in a professional negligence claim who rejected the chance to settle costs have been left nursing a bill at least three times higher than it might have been.’

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Law Society's Gazette, 2nd November 2018

Source: www.lawgazette.co.uk

NHS forced to pay compensation to 1,200 staff worried they have been infected after needle prick – Daily Telegraph

‘More than 1,200 NHS staff have won compensation after being injured by needles potentially infected with HIV or hepatitis over the past six years.’

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Daily Telegraph, 3rd November 2018

Source: www.telegraph.co.uk

Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff – Cloisters

‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’

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Cloisters, 18th October 2018

Source: www.cloisters.com

High Court backs claimant who issued just to recover costs – Litigation Futures

Posted November 2nd, 2018 in abuse of process, civil procedure rules, costs, negligence, news, part 36 offers by sally

‘A claimant was entitled to issue his claim solely in pursuit of costs where the defendant “acted unfairly” by trying to settle pre-action but refusing to pay any costs, the High Court has ruled.’

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Litigation Futures, 1st November 2018

Source: www.litigationfutures.com

Ep. 48: Clinical Guidelines in Clinical Negligence Cases – Law Pod UK

Posted November 2nd, 2018 in birth, hospitals, medical treatment, negligence, news by sally

‘Emma-Louise Fenelon talks with Pritesh Rathod about the significance of clinical guidelines in his clinical negligence practice and recent controversy involving maternal choice caesareans, Montgomery and relevant NICE Guidelines.’

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Law Pod UK, 1st November 2018

Source: audioboom.com

Part 36 offer not a “trump card” to thwart court orders – Litigation Futures

‘A part 36 offer is not “some form of trump card” which overrides previous court orders, a High Court judge has made clear.’

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Litigation Futures, 30th October 2018

Source: www.litigationfutures.com

Lawyer calls for independent panel to analyse injury trends in English rugby – The Guardian

Posted October 29th, 2018 in negligence, news, personal injuries, sport by sally

‘English rugby should set up an independent medical panel to analyse injury trends in the professional game and suggest ways of minimising risk to players to help insulate clubs, and the Rugby Football Union, from legal action in the future, according to a leading negligence lawyer.’

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The Guardian, 28th October 2018

Source: www.theguardian.com