Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com

Takeaway boss has two-year manslaughter sentence overturned after death of schoolgirl with nut allergy – Daily Telegraph

‘A takeaway boss found guilty of the manslaughter of a schoolgirl who suffered an allergic reaction to a meal containing peanut proteins has won an appeal against his conviction.’

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Daily Telegraph, 16th May 2019

Source: www.telegraph.co.uk

Student Natasha Abrahart’s suicide: Neglect a ‘contributory factor’ – BBC News

‘A university student took her own life partly as a result of neglect, an inquest has ruled.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Part 36 offer that included unpleaded counterclaim ruled valid – Litigation Futures

Posted May 8th, 2019 in appeals, construction industry, delay, interest, negligence, news, part 36 offers by tracey

‘A part 36 offer made by a defendant in respect of both a claim and a proposed counterclaim which has yet to be pleaded is valid, the Court of Appeal has ruled.’

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Litigation Futures, 7th May 2019

Source: www.litigationfutures.com

This week’s round up – Williamson fired over Huawei and the courts return after Easter – UK Human Rights Blog

‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

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UK Human Rights Blog, 7th May 2019

Source: ukhumanrightsblog.com

Court throws out convicted client’s negligence claim against solicitors – Law Society’s Gazette

‘A convicted client has failed in a bid to make his former solicitors stump up the bill for his £450,000 fine imposed in the Crown court. In Day v Womble Bond Dickinson (UK) LLP Her Honour Judge Deborah Taylor, sitting in the High Court, struck out the negligence claim by landowner Philip Day.’

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Law Society's Gazette, 7th May 2019

Source: www.lawgazette.co.uk

CMC censured over ‘all birth injuries caused by negligence’ claim – Litigation Futures

‘The Advertising Standards Authority (ASA) has upheld a complaint against a claims management company whose advertising implied that birth injuries were only caused by medical negligence.’

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Litigation Futures, 1st May 2019

Source: www.litigationfutures.com

Claim over solicitors’ negligence fails to establish loss of chance – Legal Futures

‘A married couple has largely failed in a claim of negligence against a firm of solicitors which had admitted that it failed to advise properly on a separate negligence case against another law firm.’

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Legal Futures, 29th April 2019

Source: www.legalfutures.co.uk

“No general duty” for barristers to advise on litigation funding – Litigation Futures

Posted April 25th, 2019 in barristers, fees, negligence, news, solicitors, striking out by tracey

‘Barristers are under no duty to advise clients on litigation funding unless specifically instructed to, the High Court has held.’

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Litigation Futures, 25th April 2019

Source: www.litigationfutures.com

Dishonest NHS ambulance-chasing lawyer struck off – Daily Telegraph

Posted April 15th, 2019 in disciplinary procedures, negligence, news, solicitors by michael

‘A dishonest “ambulance-chasing” solicitor who overcharged the NHS while pursuing clinical negligence cases has been struck off after a judge ruled that fining him £30,000 was too lenient.’

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Daily Telegraph, 13th April 2019

Source: www.telegraph.co.uk

Vicarious liability not a “one-way street” for accident victims – Litigation Futures

‘Assessing the demands of social justice in cases involving vicarious liability is “not a one-way street” for accident victims, a High Court judge has said.’

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Litigation Futures, 11th April 2019

Source: www.litigationfutures.com

Doctor convicted of manslaughter over six-year-old’s sepsis death is cleared to practise again – Daily Telegraph

‘The parents whose six-year-old son died when “clear” signs of sepsis were missed have heavily criticised the medical establishment after the doctor responsible was cleared to practise again.’

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Daily Telegraph, 9th April 2019

Source: www.telegraph.co.uk

Woman who lied and exaggerated clinical negligence claim jailed – Litigation Futures

Posted April 9th, 2019 in compensation, contempt of court, negligence, news, sentencing by sally

‘A woman who lied about the extent of her injuries and disabilities following negligent surgery and sought more than £2.3m in compensation has been jailed for five months.’

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Litigation Futures, 9th April 2019

Source: www.litigationfutures.com

Negligence claim over football club chairman’s divorce to proceed – Legal Futures

Posted April 5th, 2019 in divorce, drafting, law firms, negligence, news, substitution by tracey

‘A judge was wrong to stop a case against a law firm that had incorporated since potentially negligent advice was given when the wrong entity was named in the claim, the High Court has ruled.’

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Legal Futures, 5th April 2019

Source: www.legalfutures.co.uk

Neglect contributed to woman’s death after being issued wrong drug – BBC News

‘Neglect was a contributing factor in the death of a woman suffering from shingles who was given the wrong drug by a pharmacy, a coroner has ruled.’

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BBC News, 3rd April 2019

Source: www.bbc.co.uk

High Court dispenses with electronic bill – Litigation Futures

Posted April 3rd, 2019 in budgets, costs, damages, electronic filing, negligence, news, part 36 offers by sally

‘A High Court judge has relieved a claimant who won a trial in January from having to produce an electronic bill for the work undertaken since 6 April 2018.’

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Litigation Futures, 2nd April 2019

Source: www.litigationfutures.com

Claimant solicitors secure £150k interim costs for unfinished dispute – Law Society’s Gazette

Posted March 22nd, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by tracey

‘The county court has granted solicitors an interim costs order in a long-running case where the level of damages was still three years from being finalised.’

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Law Society's Gazette, 21st March 2019

Source: www.lawgazette.co.uk

‘No consent’ for teeth removal op on woman who later died – BBC News

‘The mother of a disabled woman who died after all her teeth were removed says she did not consent to the operation. Rachel Johnston’s family has started a legal claim for negligence, saying medics failed to discuss risks of the treatment she had for tooth decay.’

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BBC News, 21st March 2019

Source: www.bbc.co.uk

Judge: solicitors need “adequate cash flow” to fund med neg cases – Litigation Futures

Posted March 20th, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by sally

‘Solicitors may refuse to take on medical negligence cases at an early stage if courts fail to ensure “adequate cash flow”, a circuit judge has warned.’

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Litigation Futures, 19th March 2019

Source: www.litigationfutures.com