Latest lawsuit shows brain injuries are factor at all levels of rugby – The Guardian

Posted February 2nd, 2023 in class actions, negligence, news, personal injuries, sport by sally

‘It’s been a fortnight since the letters of claim went out in the latest round of legal action against World Rugby, the Rugby Football Union and the Welsh Rugby Union. Here in the Guardian we ran an interview with one of the claimants, 48-year-old Alex Abbey, who was diagnosed with probable CTE in 2015, 12 years on from the end of a club rugby career in which he suffered multiple concussions. Abbey is one of 55 former amateur players involved in the case. It is a much smaller group than the 225 former professionals involved in the first lawsuit we reported on in 2020, but, for the authorities, it could be even more damaging.’

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The Guardian, 2nd February 2023

Source: www.theguardian.com

Girl who had limbs amputated after hospital mistake wins seven-figure payout – The Independent

Posted January 23rd, 2023 in children, compensation, families, health, hospitals, negligence, news, personal injuries by tracey

‘A girl who had all four of her limbs amputated after she was wrongfully discharged from hospital has won a multimillion-pound payout.’

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The Independent, 22nd January 2023

Source: www.independent.co.uk

Beth Matthews: Blogger who took poisonous substance failed by hospital – BBC News

Posted January 20th, 2023 in hospitals, inquests, mental health, negligence, news, suicide by tracey

‘A mental health blogger who took her own life by swallowing a poisonous substance was failed by the psychiatric hospital caring for her, a jury has found.’

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BBC News, 19th January 2023

Source: www.bbc.co.uk

Former Royal Marine seeks £1.5m in damages over hearing loss – BBC News

‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’

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BBC News, 19th January 2023

Source: www.bbc.co.uk

Court rejects costs budgeting plea on child’s clin neg claim – Law Society’s Gazette

Posted January 16th, 2023 in birth, costs, damages, hospitals, negligence, news, personal injuries by tracey

‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’

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Law Society's Gazette, 13th January 2023

Source: www.lawgazette.co.uk

X v Secretary of State for Health and Social Care: Valuing historic cases – St John’s Chambers

Posted January 10th, 2023 in birth, chambers articles, hospitals, limitations, negligence, news by sally

‘In this brief note Justin Valentine, Counsel for the claimant, discusses an unusual case where serious sciatic nerve injury was sustained by the claimant shortly after her birth in the mid-1960s, but where she only became aware of the negligence in her 50s over 30 years after the end of the primary limitation period. Limitation was initially raised as an issue but was dropped at CCMC stage. The case settled subsequent to a JSM for approximately £1.6 million.’

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St John's Chambers, 3rd January 2023

Source: www.stjohnschambers.co.uk

Patient fault and contributory negligence in clinical negligence – Exchange Chambers

‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Two cases about QOCS where the claimant accepted a Part 36 offer late – Hailsham Chambers

‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’

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Hailsham Chambers, 3rd January 2023

Source: www.hailshamchambers.com

Case Comment: Khan v Meadows [2021] UKSC 21 – UKSC Blog

‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’

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UKSC Blog, 4th January 2023

Source: ukscblog.com

Maternity scandal victims join fight against fixed costs – Law Society’s Gazette

Posted December 19th, 2022 in birth, children, costs, families, hospitals, negligence, news by tracey

‘A powerful new lobby has joined the fight to stop the government capping costs for clinical negligence claims worth less than £25,000. Some 28 families involved in the Shrewsbury and Telford maternity scandal have signed an open letter to health secretary Steve Barclay opposing the proposals.’

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Law Society's Gazette, 19th December 2022

Source: www.lawgazette.co.uk

Met Police officer cleared over car chase death of 10-year-old and aunt – Daily Telegraph

Posted December 8th, 2022 in dangerous driving, homicide, negligence, news, police by sally

‘A Metropolitan Police officer has been cleared over the deaths of a 10-year-old boy and his aunt following a police chase.’

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Daily Telegraph, 7th December 2022

Source: www.telegraph.co.uk

Parents of man left to die in prison say care failures will haunt them for ever – The Guardian

Posted December 7th, 2022 in bereavement, death in custody, families, inquests, negligence, news, nurses, prisons by sally

‘The parents of a 25-year-old man left to die in a cell by a negligent prison nurse given responsibility for 800 inmates have told how the conditions in which their son died will haunt them for ever.’

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The Guardian, 6th December 2022

Source: www.theguardian.com

Mum’s sepsis warning after diagnosis delay at Cambridgeshire hospitals – BBC News

Posted November 22nd, 2022 in delay, doctors, health, hospitals, medical treatment, negligence, news by sally

‘A mother-of-two had “extensive amputation surgery” after a hospital trust failed to recognise and treat her sepsis sooner, an investigation found.’

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BBC News, 21st November 2022

Source: www.bbc.co.uk

Clangers: LPAs and duties of care – Local Government Lawyer

Posted November 11th, 2022 in causation, damages, duty of care, local government, negligence, news, planning by tracey

‘Does a local planning authority owe a duty of care to an applicant for planning permission? Simon Ricketts analyses a recent High Court ruling.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

Pay Up, Or Else… Disclosure Obligations v Solicitors’ Liens – Gatehouse Chambers

Posted October 20th, 2022 in chambers articles, disclosure, negligence, news, personal injuries, solicitors by sally

‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’

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Gatehouse Chambers, 11th October 2022

Source: gatehouselaw.co.uk

Black deaths in UK prisons are among most violent and neglectful, damning report finds – The Independent

‘The deaths of Black and mixed-race people in UK prisons are among the most violent and prevalent, a charity has warned.’

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The Independent, 13th October 2022

Source: www.independent.co.uk

No duty owed to taxi driver – Local Government Lawyer

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

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Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Student suicides: Parents seek law change to prevent deaths – BBC News

‘A group of parents whose children killed themselves at university are campaigning for a change in law to make the institutions more accountable. They want universities to have a legal duty of care towards their students, like schools already do.’

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BBC News, 7th October 2022

Source: www.bbc.co.uk

Failure to remove claims now harder to strike out – Local Government Lawyer

‘Claimants in two unconnected cases recently won their appeals over the striking out of their claims in negligence brought against the local authorities arising out of the exercise of their statutory functions under the Children Act 1989. Sarah Erwin-Jones and Louse Fisher consider the implications of this decision.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Director was not personally liable for actions of a company – OUT-LAW.com

Posted September 13th, 2022 in company directors, misrepresentation, negligence, news by tracey

‘When a claimant sues a company, they often also bring a claim against senior management to ensure that there is a solvent defendant against which any judgment can be enforced.’

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OUT-LAW.com, 12th September 2022

Source: www.pinsentmasons.com