Ruling highlights risk of personal liability of partners in dental practices – OUT-LAW.com

Posted September 16th, 2021 in contracts, dentists, negligence, news, partnerships, self-employment, vicarious liability by tracey

‘A recent preliminary judgment by the High Court in London provides a stark reminder of the potential exposure for personal liability faced by partners in dental practices and the need for appropriate contractual protections to mitigate those risks.’

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OUT-LAW.com, 15th September 2021

Source: www.pinsentmasons.com

Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog

‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’

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Ropewalk Clinical Negligence Blog, 7th September 2021

Source: www.ropewalk.co.uk

High Court dismisses £2.7m law firm negligence claim – Legal Futures

Posted September 7th, 2021 in law firms, negligence, news, summary judgments by sally

‘The High Court has granted summary judgment in favour of a law firm and its senior partner and dismissed a £2.7m negligence claim.’

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Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

Hospital admits liability for baby’s death after ignoring mother’s concerns – The Guardian

Posted September 7th, 2021 in birth, hospitals, negligence, news, pregnancy by sally

‘A hospital has admitted liability for the death of a baby who was delivered stillborn three days after his mother’s complaints of fluid loss and severe pain were dismissed as wetting the bed.’

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The Guardian, 6th September 2021

Source: www.theguardian.com

Professional advisers beware – check the terms of your engagement – Practical Law: Construction Blog

Posted August 27th, 2021 in auditors, building societies, law firms, limitations, negligence, news by tracey

‘The scope of duty and the extent of liability of professional advisers are two hotly contested issues at the core of many a dispute between professional advisers and their clients in negligence claims.’

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Practical Law: Construction Blog, 24th August 2021

Source: constructionblog.practicallaw.com

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case – UK Human Rights Blog

‘In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate dentists. The preliminary issue was whether the practice owner was liable by reason of: a) a non-delegable duty of care; or b) vicarious liability. The Court answered: “yes” and “yes”.’

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UK Human Rights Blog, 6th August 2021

Source: ukhumanrightsblog.com

Appeal judges reject “binary” approach to negligence claim – Legal Futures

Posted August 5th, 2021 in damages, limitations, negligence, news, personal injuries, striking out by sally

‘The Court of Appeal has rejected as “too binary” the approach taken by a High Court judge when striking out a negligence claim against lawyers over their former client’s capacity to litigate.’

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Legal Futures, 5th August 2021

Source: www.legalfutures.co.uk

Important new High Court judgment on data breach litigation – Panopticon

Posted August 2nd, 2021 in chambers articles, data protection, negligence, news, privacy, striking out by sally

‘The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) (available here: Warren v DSG judgment). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums.’

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Panopticon, 30th July 2021

Source: panopticonblog.com

Supreme Court Revisits Wrongful Birth Claims – Quarterly Medical Law Review

‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’

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Quarterly Medical Law Review, 28th July 2021

Source: 1corqmlr.com

Dougan v Bike Events Ltd: High Court decision on liability for a cycling sportive accident – 12 King’s Bench Walk

‘The claim was brought by Mr Dougan, an event participant, against Bike Events Ltd as the event organiser of the Manchester 100, a non-competitive charity cycling sportive on open roads.’

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12 King's Bench Walk, 19th July 2021

Source: www.12kbw.co.uk

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

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Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com

Negligence action against lawyers over amputation not time-barred – Legal Futures

‘A man who received “devastating news” that his lower leg needed to be amputated seven years after settling his personal injury claim is not prevented by limitation from suing his lawyers for negligence, the High Court has ruled.’

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Legal Futures, 21st July 2021

Source: www.legalfutures.co.uk

Right to repair may lead to increased claims against manufacturers – OUT-LAW.com

‘New regulations which will extend the life of domestic electrical products by up to 10 years, could mean manufacturers face more claims for defective products or negligence, experts at Pinsent Masons, the law firm behind Out-Law have warned.’

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OUT-LAW.com, 14th July 2021

Source: www.pinsentmasons.com

Secondary Victims: Still Second-Class Claimants? – Ropewalk Clinical Negligence Blog

‘In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital.’

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Ropewalk Clinical Negligence Blog, 12th July 2021

Source: www.ropewalk.co.uk

Family of murdered sisters considering suing Met police – The Guardian

‘The family of two sisters whose killer was this week convicted of their murders are considering suing the police over alleged failures to act when they were reported missing.’

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The Guardian, 7th July 2021

Source: www.theguardian.com

Grenfell bereaved and survivors bring multimillion pound case to high court – The Guardian

‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

Reporting restrictions in end of life cases: anonymity for treating clinicians – UK Human Rights Blog

‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’

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UK Human Rights Blog, 6th July 2021

Source: ukhumanrightsblog.com

‘A cascade of catastrophic failings’: the UK’s baby death scandals – The Guardian

‘An investigation into baby deaths at Furness general hospital in Barrow between 2004 and 2013 found a “lethal mix” of failings at almost every level.’

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The Guardian, 6th June 2021

Source: www.theguardian.com

Susan Nicholson: Murdered woman failed by police, inquest rules – BBC News

Posted July 6th, 2021 in domestic violence, inquests, murder, negligence, news, police by sally

‘Police failings caused or contributed to the death of a woman killed by her partner, an inquest jury has ruled.’

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BBC News, 5th July 2021

Source: www.bbc.co.uk

CA rejects privilege challenge to file access in lawyer negligence claim – Legal Futures

‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’

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Legal Futures, 2nd July 2021

Source: www.legalfutures.co.uk