Nottingham’s Queen’s Medical Centre failings led to girl’s sepsis death – BBC News

‘A series of hospital failings contributed to the death of a five-year-old girl who died from toxic shock syndrome, an inquest jury has found.’

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BBC News, 4th September 2019

Source: www.bbc.co.uk

Man admits crushing boy, 3, to death with car seat – The Guardian

‘A man has admitted crushing a three-year-old boy to death with his car seat.’

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The Guardian, 2nd September 2019

Source: www.theguardian.com

You Can’t Always Get What You Want: Defending Applications For Interim Payments – Hardwicke Chambers

Posted August 29th, 2019 in causation, contribution, negligence, news by sally

‘Interim payment applications are often the battleground for pre-trial skirmishes, the warm-up before the main event. Recent cases have identified some successful arguments made by defendants in disputed IP applications and particularly the evidence needed by a defendant if they wish to successfully challenge an application.’

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Hardwicke Chambers, 8th August 2019

Source: hardwicke.co.uk

Linking it all together: Russell v PSP [2019] – Hardwicke Chambers

Posted August 29th, 2019 in causation, construction industry, negligence, news, tenders by sally

‘Every professional negligence lawyer knows that establishing the necessary causative link between a professional’s breach of duty and the loss suffered by the client can be the most difficult aspect of any claim. That can prove even more problematic in construction professional negligence cases, in particular those involving costs “overrun”, both because of the broader range of alternative hypotheticals and the number of other professionals involved with the project.’

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Hardwicke Chambers, 6th August 2019

Source: hardwicke.co.uk

Disabled woman starved to death at home after carer visited own mother instead – The Independent

Posted August 29th, 2019 in care workers, community care, homicide, negligence, news, sentencing, social services by tracey

‘A care worker who left a severely disabled woman to starve to death in her home has been convicted of gross negligence manslaughter.’

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The Independent, 28th August 2019

Source: www.independent.co.uk

Adding Insult to Injury – Hailsham Chambers

Posted August 23rd, 2019 in costs, expert witnesses, negligence, news, personal injuries, time limits by sally

‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’

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Hailsham Chambers, 13th August 2019

Source: www.hailshamchambers.com

The Caparo Illusion: The Three-Stage Test Has Gone. What Happens Next? – 4 New Square

Posted August 23rd, 2019 in appeals, duty of care, negligence, news, Supreme Court by sally

‘In Robinson v. Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that “the Caparo test applies to all claims in the modern law of negligence”. By the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How and why did this volte-face occur? And where does that leave lawyers and judges when deciding whether a duty of care is owed or not? Mark Cannon QC and Joshua Folkard discuss.’

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4 New Square, 13th August 2019

Source: www.4newsquare.com

Solicitors “ignorant about prof neg adjudication” – Litigation Futures

Posted August 22nd, 2019 in dispute resolution, negligence, news, solicitors by sally

‘There is still “quite a lot of ignorance” among solicitors about adjudication as a “swift and relatively inexpensive” way of settling professional negligence disputes, a barrister adjudicator has said.’

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Litigation Futures, 22nd August 2019

Source: www.litigationfutures.com

‘With great power comes great responsibility’ – contributory negligence post-Montgomery – UK Human Rights Blog

Posted August 22nd, 2019 in birth, contribution, doctors, hospitals, medical treatment, negligence, news by sally

‘Regardless of whether one attributes this famous quote to Voltaire or Spider-Man, the sentiment is the same. Power and responsibility should be in equilibrium. More power than responsibility leads to decision-making with little concern for the consequences and more responsibility than power leads to excessive caution. This article argues that there is now a disequilibrium in the NHS, which is the root cause for defensive medical practice and the growing NHS litigation bill.’

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UK Human Rights Blog, 21st August 2019

Source: ukhumanrightsblog.com

Lawyers at “growing risk of claims” for under-settlement – Litigation Futures

‘Professional negligence actions arising from lawyers under-settling personal injury and clinical negligence claims appear to be on the rise, a specialist barrister has warned.’

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Litigation Futures, 7th August 2019

Source: www.litigationfutures.com

Pensioner loses arm after catching flesh-eating bug at pilates class, as High Court rules she is entitled to compensation from NHS – Daily Telegraph

Posted August 2nd, 2019 in damages, negligence, news, paramedics, personal injuries by tracey

‘A pensioner who lost her arm after catching a flesh-eating bug at church hall pilates class has won her claim in negligence against the NHS at the High Court.’

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Daily Telegraph, 1st August 2019

Source: www.telegraph.co.uk

Court strikes out “incomprehensible” claim against law firm – Legal Futures

‘The High Court has struck out a claim for professional negligence, breach of contract and fiduciary duty made against a central London law firm which was based on “incomprehensible pleadings”.’

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Legal Futures, 1st August 2019

Source: www.legalfutures.co.uk

Clergy Discipline – Rebuke administered in “an unusual case” – Law & Religion UK

‘On 14 May 2019, the Bishop’s Disciplinary Tribunal for the Diocese of Carlisle heard a complaint against the Revd Canon Cameron Butland by the Archdeacon of Westmoreland and Furness, alleging that the Respondent had been neglectful or inefficient in the performance of his duties. Since the misconduct was admitted, the only issue before the Tribunal was that of penalty. The Tribunal determined that the appropriate penalty was one of rebuke.’

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Law & Religion UK, 23rd July 2019

Source: www.lawandreligionuk.com

CA recognises importance of solicitors’ cash flow in med neg cases – Litigation Futures

Posted July 5th, 2019 in birth, costs, negligence, news, personal injuries, solicitors by sally

‘The Court of Appeal has recognised the cash flow pressures of funding complex litigation in rejecting an application to appeal a ruling granting a law firm an interim costs payment.’

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Litigation Futures, 3rd July 2019

Source: www.litigationfutures.com

How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers

‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’

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Hardwicke Chambers, 21st June 2019

Source: hardwicke.co.uk

Hillsborough police chief will face retrial, judge rules – The Guardian

‘The former South Yorkshire police chief superintendent who was in command of the 1989 FA Cup semi-final at Hillsborough, where 96 people were killed, will face a retrial on a charge of gross negligence manslaughter, a judge has ruled.’

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The Guardian, 25th June 2019

Source: www.theguardian.com

Speedboat crash: Jack Shepherd loses appeal against conviction – The Guardian

Posted June 20th, 2019 in accidents, appeals, homicide, negligence, news, sentencing, wounding by tracey

‘Jack Shepherd has lost a court of appeal challenge against his conviction for the manslaughter of 24-year-old Charlotte Brown.’

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The Guardian, 20th June 2019

Source: www.theguardian.com

Contaminated blood: What caused the NHS scandal? – BBC News

‘The infection of up to 30,000 people with contaminated blood has been called the biggest treatment disaster in NHS history. Thousands have died.’

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BBC News, 14th June 2019

Source: www.bbc.co.uk

Ep 83: Scope of Duty and Causation: Chester v Afshar revisited – Part 2 – Law Pod UK

Posted June 13th, 2019 in causation, doctors, duty of care, negligence, news by sally

‘In this episode we are bringing the second of two highlights from the recent one crown office row’s seminar – Scope of Duty and Causation: Chester v Afshar revisited. Dominic Ruck Keene dicusses the effects of the case.’

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Law Pod UK, 10th June 2019

Source: audioboom.com

Ep 82: Scope of Duty and Causation: Chester v Afshar revisited – Part 1 – Law Pod UK

Posted June 13th, 2019 in causation, doctors, duty of care, negligence, news by sally

‘In this episode we are bringing the first of two highlights from the recent 1COR seminar – Scope of Duty and Causation: Chester v Afshar revisited. We hear from Jonathan Metzer as he gives his interpretation of the case.’

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Law Pod UK, 10th June 2019

Source: audioboom.com