Court of Protection solicitor convicted of neglect following elderly mother’s death – Legal Futures

Posted April 3rd, 2018 in elderly, families, negligence, news, powers of attorney, solicitors by sally

‘An associate in a law firm’s Court of Protection team has been convicted of the wilful neglect of her own elderly mother, who died in squalor despite the solicitor having power of attorney to act on her behalf.’

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Legal Futures, 3rd April 2018

Source: www.legalfutures.co.uk

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

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UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

Pilot charged with manslaughter over Shoreham Airshow disaster which killed 11 people – Daily Telegraph

Posted March 23rd, 2018 in aircraft, homicide, negligence, news, prosecutions, public interest by tracey

‘The pilot of an aircraft which crashed and killed 11 people has been charged with 11 counts of manslaughter by gross negligence.’

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Daily Telegraph, 21st March 2018

Source: www.telegraph.co.uk

Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith Chambers

Posted March 20th, 2018 in burden of proof, expert witnesses, health, negligence, news by sally

‘Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB).’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Legal bar for convicting healthcare professionals of manslaughter is ‘too low’, medical organisation warns – Daily Telegraph

Posted March 13th, 2018 in burden of proof, doctors, health, homicide, negligence, news, nurses by sally

‘The legal bar for convicting healthcare professionals of manslaughter is currently “too low”, a medical defence organisation has said.’

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Daily Telegraph, 13th March 2018

Source: www.telegraph.co.uk

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by tracey

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

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Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith PI

‘Two discrete procedural points arise out of Yip J’s decision in Saunders v Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). They restate principles which are of considerable practical significance for those preparing and litigating civil claims.’

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Zenith PI, 6th March 2018

Source: zenithpi.wordpress.com

Duty of care owed by the MOJ to serving prisoners limited to matters arising out of their custody – Zenith PI

Posted March 5th, 2018 in duty of care, health, human rights, medical treatment, negligence, news, prisons by tracey

‘Benius Razumas v Ministry of Justice [2018] EWHC 215 (QB): In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’

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Zenith PI, 2nd March 2018

Source: zenithpi.wordpress.com

New disclosure regime “set to cause problems” for professional negligence claims – Litigation Futures

‘Professional negligence claims will become harder to handle under the new approach to disclosure which will be piloted later this year in the Business & Property Courts, particularly for defendants, a barrister has warned.’

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Litigation Futures, 5th March 2018

Source: www.litigationfutures.com

Borrower’s solicitor not liable for bank’s loss because it should have realised her error – Legal Futures

Posted March 1st, 2018 in appeals, banking, mistake, negligence, news, Scotland, solicitors, Supreme Court by sally

‘A bank that relied on inaccurate information supplied by its borrower’s solicitor should not have won a negligence claim against her, because it failed to carry out its own checks, the Supreme Court has ruled.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Ministry of Justice not liable for clinical negligence in prison – UK Human Rights Blog

‘In Razumas v Ministry of Justice [2018] EHWC 215 a prisoner who had made a claim for clinical negligence against the Ministry of Justice, rather than against the specific health care provider, had his claim dismissed.’

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UK Human Rights Blog, 26th February 2018

Source: ukhumanrightsblog.com

Girl with asthma died after doctor turned her away, inquest hears – The Guardian

Posted February 27th, 2018 in children, delay, doctors, health, inquests, negligence, news by tracey

‘A five-year-old girl with severe asthma died after being turned away from an appointment with an emergency doctor because she was five minutes late, an inquest has been told.
The coroner said the chance to provide Ellie-May Clark with “potentially life-saving treatment” was missed and she had been let down by failings in the system.’

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The Guardian, 26th February 2018

Source: www.theguardian.com

Inmates receive payouts of £2m for poor healthcare amid ‘unprecedented pressures’ in prisons – The Independent

Posted February 27th, 2018 in compensation, medical treatment, negligence, news, prisons by tracey

‘Inmates have been paid close to £2m in compensation for poor healthcare behind bars since 2010 amid mounting concern over the scale of the crisis gripping Britain’s prisons.’

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The Independent, 26th February 2018

Source: www.independent.co.uk

Law firm was negligent in property purchase but clients would have gone ahead anyway, court rules – Legal Futures

Posted February 23rd, 2018 in law firms, mortgages, negligence, news, valuation by tracey

‘A Kent law firm was negligent for failing to advise properly on a mortgage and valuation report (MVR), but this did not cause a couple in Canterbury to buy a house suffering from subsidence, a circuit judge has ruled.’

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Legal Futures, 23rd February 2018

Source: www.legalfutures.co.uk

Psychiatrist suspended for 12 months after man drowned in epileptic fit – The Guardian

‘A senior psychiatrist has been suspended for 12 months following the death of a vulnerable teenager who suffered an epileptic fit and drowned in a bath at an NHS care unit.’

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The Guardian, 21st February 2018

Source: www.theguardian.com

Court dismisses Nigerian claim against UK parent company – OUT-LAW.com

Posted February 21st, 2018 in environmental protection, negligence, news, subsidiary companies by tracey

‘The Court of Appeal has dismissed a claim brought by two Nigerian community groups against Royal Dutch Shell (RDS) for environmental damage caused by one of its subsidiaries.’

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OUT-LAW.com, 21st February 2018

Source: www.out-law.com

Breaking: Supreme Court rules against treating LiP as a special case – Law Society’s Gazette

‘The Supreme Court today narrowly rejected a plea from a litigant in person for special dispensation in navigating civil procedure rules. Justices ruled by a majority of 3-2 in Barton v Wright Hassall that unrepresented claimant Mark Barton should have checked whether he could email a claim form and that without such permission his claim was invalid.’

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Law Society's Gazette, 21st February 2018

Source: www.lawgazette.co.uk

Put your own house in order, claimant lawyers tell NHS as fixed fees near – Litigation Futures

Posted February 16th, 2018 in costs, hospitals, negligence, news by sally

‘Claimant lawyers reacted with caution to the Department of Health’s announcement yesterday that it is setting up a working group on introducing fixed recoverable costs in medical negligence, saying that while costs could be cut in lower-value claims, the real goal had to be avoiding clinical mistakes in the first place.’

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Litigation Futures, 16th February 2018

Source: www.litigationfutures.com

Government agrees to further discussion of clinical negligence costs regime, amid concerns – Litigation Futures

Posted February 15th, 2018 in consultations, costs, hospitals, negligence, news by sally

‘Four out of five respondents to the government’s consultation on fixed recoverable costs (FRC) in low-value clinical negligence cases have echoed Civil Justice Council (CJC) concerns about a single joint expert being used, it has emerged.’

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Litigation Futures, 15th February 2018

Source: www.litigationfutures.com