Police ‘failings’ to be considered at new inquest into death of Susan Nicholson – Daily Telegraph

‘The family of a woman murdered by a double killer have won a legal battle for a new inquest into her death to consider potential police failings.’

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Daily Telegraph, 23rd October 2020

Source: www.telegraph.co.uk

“Negligent” firm avoids wasted costs order after failing to pass on offer – Litigation Futures

Posted October 1st, 2020 in costs, law firms, negligence, news, wasted costs orders by sally

‘The High Court has upheld a decision not to order wasted costs against a law firm that failed to pass on a “drop hands” settlement offer to a client who was ultimately found to be fundamentally dishonest.’

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Litigation Futures, 30th September 2020

Source: www.litigationfutures.com

Defence QC’s accusation against prosecutor was not misconduct – Legal Futures

‘A QC who accused prosecution counsel of bad faith without reasonable grounds was in breach of Bar Standards Board rules but not to the level of professional misconduct, a tribunal has ruled.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

Olivia Burt’s family ‘disappointed’ with CPS decision – BBC News

‘The parents of a student who died when a barrier collapsed outside a nightclub say they are “deeply disappointed” no-one will face criminal prosecution.’

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BBC News, 14th September 2020

Source: www.bbc.co.uk

When can contractual limitation of liability clause limit third party’s tort claim? – Practical Law: Construction Blog

Posted September 2nd, 2020 in construction industry, contracts, duty of care, negligence, news, third parties by tracey

‘This was the question the court was asked to answer in RSK Environmental Ltd v Hexagon Housing Association Ltd.’

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Practical Law: Construction Blog, 26th August 2020

Source: constructionblog.practicallaw.com

Rapper Ceon Broughton wins appeal against manslaughter conviction following festival death of Louella Fletcher-Michie – Garden Court Chambers

‘Ceon Broughton, a rapper jailed over the death of his partner Louella Fletcher-Michie from a drug overdose at Bestival has won his appeal against his manslaughter conviction. Broughton’s conviction in 2019 and seven-year prison sentence for manslaughter was quashed on 18 August 2020 by the Court of Appeal. The appeal was heard before The Lord Chief Justice of England and Wales Lord Burnett, Mr Justice Sweeney and Mr Justice Murray.’

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Garden Court Chambers, 18th August 2020

Source: www.gardencourtchambers.co.uk

Judge lashes out at “shameful drivel” produced in RTA claims – Litigation Futures

‘A deputy district judge lambasted law firms’ approach to low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.’

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Litigation Futures, 28th August 2020

Source: www.litigationfutures.com

Court overturns man’s conviction for girlfriend’s Bestival drug death – The Guardian

‘The rapper Ceon Broughton has had his conviction for the manslaughter of his girlfriend overturned by the court of appeal.’

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The Guardian, 18th August 2020

Source: www.theguardian.com

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

NHS, solicitors and patients group agree Covid-19 claims protocol – Litigation Futures

‘NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and patient safety charity Action against Medical Accidents (AvMA) have signed up to a new protocol to better manage claims during Covid-19.’

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Litigation Futures, 14th August 2020

Source: www.litigationfutures.com

Courts reluctant to strike-out negligence actions against the police – UK Police Law Blog

‘In Tindall v Chief Constable of Thames Valley Police [2020] EWHC 837 (QB) — available on Westlaw but not yet Bailii or the ICLR, the courts have again demonstrated a reluctance to strike-out a police negligence claim. This shows the difficulty of trying to show whether the police have positively created a danger / made it worse or merely refrained from protecting someone. A claim against the police for negligence will usually arise in the first instance but not, subject to exceptions, the second.’

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UK Police Law Blog, 4th August 2020

Source: ukpolicelawblog.com

Court rules £2.2m claim was abuse of process but will live on – Law Society’s Gazette

‘The Court of Appeal has overturned a decision to strike out a £2.2m personal injury claim, despite concluding it was issued inappropriately and there had been an abuse of process.’

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Law Society's Gazette, 4th August 2020

Source: www.lawgazette.co.uk

CA reinstates £2.6m that languished in RTA portal for four years – Litigation Futures

‘The Court of Appeal has overturned a decision to strike out a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimant’s solicitors sought to transfer it to the multi-track.’

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Litigation Futures, 4th August 2020

Source: www.litigationfutures.com

New high for NHS claims settling before proceedings – Litigation Futures

‘The percentage of clinical claims against the NHS being resolved before issue has continued to climb to new levels, although claimant legal costs have also increased over the past year.’

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Litigation Futures, 21st July 2020

Source: www.litigationfutures.com

Parents of student who killed herself launch legal action against University of Bristol – The Guardian

‘The parents of a student with severe social anxiety who took her own life on the day she was scheduled to face “the ordeal” of an important oral test have launched legal proceedings against her university, claiming she was the victim of negligence and disability discrimination.’

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The Guardian, 20th July 2020

Source: www.theguardian.com

Asbestos victims fail again in bid to access case papers – Litigation Futures

‘The group whose bid to access a bundle from litigation involving an asbestos manufacturer led to a Supreme Court ruling on open justice has failed in its application for the documents.’

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Litigation Futures, 16th July 2020

Source: www.litigationfutures.com

Jack Shepherd: Speedboat killer has sentence reduced – BBC News

Posted July 17th, 2020 in appeals, bail, extradition, homicide, negligence, news, wounding by sally

‘Speedboat killer Jack Shepherd has had his sentence reduced by almost three months by appeal judges.’

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BBC News, 16th July 2020

Source: www.bbc.co.uk

High court backs negligence claim of Bangladeshi ship-breaker’s widow – The Guardian

Posted July 14th, 2020 in Bangladesh, duty of care, negligence, news, ships by tracey

‘A widow whose husband fell eight storeys to his death while breaking up a supertanker in Bangladesh can pursue a negligence claim against Maran (UK), a British company involved in the ship’s sale, according to a high court ruling.’

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The Guardian, 14th July 2020

Source: www.theguardian.com

Negligence claim over divorce assets ruled to be time-barred – Law Society’s Gazette

Posted July 10th, 2020 in appeals, damages, divorce, law firms, negligence, news, time limits by sally

‘The Court of Appeal has upheld a law firm’s case that a £125,000 professional negligence claim against a firm for its handling of a divorce was issued too late. In Holt v Holley & Steer Solicitors (a firm), judges held that any alleged cause of action happened in the lead-up to divorce proceedings being finalised, and this was the starting point for the six-year limitation period.’

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Law Society's Gazette, 8th July 2020

Source: www.lawgazette.co.uk

Protected parties, anonymity orders and clinical negligence; PQ (a child by her litigation friend) v Royal Free London NHS Foundation Trust [2020] EWHC 1662 (QB) – Parklane Plowden Chambers

‘In PQ (a child, by her litigation friend) v Royal Free London NHS Foundation Trust, Martin Spencer J was required to rule on an application that the identity of the Claimant and her family be anonymised, for the purposes of a liability-only clinical negligence trial. Although only a short, first-instance decision, the case effectively makes anonymisation orders in such circumstances all but inevitable.’

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Parklane Plowden Chambers, 30th June 2020

Source: www.parklaneplowden.co.uk