What can reasonably be expected of junior doctors – UK Human Rights Blog

Posted May 23rd, 2017 in appeals, doctors, negligence, news by tracey

‘FB v. Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334, 12 May 2017, Court of Appeal. FB fell ill with meningitis when she was just one. The illness was diagnosed too late, and she suffered brain damage. This appeal was against the judge’s dismissal of the claim against the hospital, where she was seen, some time before she was admitted and the infection treated. All agreed that avoiding the time between being seen and being admitted could have led to the brain damage being avoided.’

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UK Human Rights Blog, 22nd may 2017

Source: www.ukhumanrightsblog.com

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Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases – Litigation Futures

Posted May 23rd, 2017 in costs, negligence, news, personal injuries, reports by tracey

‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’

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Litigation Futures, 23rd may 2017

Source: www.litigationfutures.com

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35th Blackstone Lecture by Lady Justice Hallett: Trial by Jury – Past and Present – Courts and Tribunals Judiciary

‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’

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Courts and Tribunals Judiciary, 22nd May 2017

Source: www.judiciary.gov.uk

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Baby deaths linked to lack of basic midwife training – Daily Telegraph

Posted May 22nd, 2017 in birth, children, education, midwives, negligence, news, personal injuries by tracey

‘Babies are dying and being put at risk of major brain injury because it is “commonplace” for British midwives to qualify without training in use of basic equipment, a senior coroner has warned.’

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Daily Telegraph, 20th May 2017

Source: www.telegraph.co.uk

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Afghanistan blast scientist Lee Peters receives MoD payout – BBC News

‘A scientist who lost three fingers when a suspicious package exploded as he handled it has been compensated by the Ministry of Defence.’

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BBC News, 21st May 2017

Source: www.bbc.co.uk

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Court of Appeal determines approach for deciding loss where litigation solicitors miss second claim – OUT-LAW.com

‘Where solicitors have negligently failed to advise a client to pursue a particular claim, they will be deemed to have caused loss if their client can show that it would have brought the claim if so advised, and that it would have had a real prospect of success, the Court of Appeal has said.’

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OUT-LAW.com, 16th May 2017

Source: www.out-law.com

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What’s in a name? Appeal judges reject pleas of claimant who sued wrong firm – Legal Futures

‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’

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Legal Futures, 16th May 2017

Source: www.legalfutures.co.uk

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Offenders in Rochdale child sexual abuse scandal ‘remain at large’ – The Guardian

Posted May 16th, 2017 in child abuse, negligence, news, police, sexual grooming, sexual offences by sally

‘A former Greater Manchester police detective who resigned over the force’s handling of the Rochdale child sexual abuse scandal has claimed that offenders identified in the original investigation are still free to abuse young girls in the town.’

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The Guardian, 16th May 2017

Source: www.guardian.co.uk

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Lowick Rose LLP v. Swynson Ltd [2017] UKSC 32 – Hailsham Chambers

Posted May 16th, 2017 in accountants, appeals, negligence, news, Supreme Court by sally

‘The Supreme Court has now ruled on the tricky “no loss” arguments raised in this accountant’s negligence claim, reversing the decision of the lower courts. Nicola Rushton of Hailsham’s professional negligence team considers the implications.’

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Hailsham Chambers, 13th April 2017

Source: www.hailshamchambers.com

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Duty of Care Owned by Junior Doctors: Important Court of Appeal Decision – Zenith PI Blog

Posted May 15th, 2017 in appeals, doctors, duty of care, medical treatment, negligence, news, standards by sally

‘In the decision today is FB -v- Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 the Court of Appeal made important observations about the duty of care owed by junior doctors.’

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Zenith PI Blog, 12th May 2017

Source: www.zenithpi.wordpress.com

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Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns – Litigation Futures

‘Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council (CJC) has warned.’

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Litigation Futures, 11th May 2017

Source: www.litigationfutures.com

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Tainted blood scandal victim’s son to sue amid cover-up allegations – The Independent

‘A family member of a victim of the “biggest treatment disaster in the history of the NHS” plans to launch a landmark legal case amid allegations of a Government cover-up.’

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The Independent, 10th May 2017

Source: www.independent.co.uk

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The addition of parties after limitation has expired – Zenith PI

Posted May 9th, 2017 in appeals, law firms, limitations, negligence, news, personal injuries by tracey

‘Godfrey Morgan Solicitors (A Firm) v Michael Arms [2017] EWCA Civ 323. The Appellant firm of solicitors appealed against the decision of a first instance appeal which determined that it had been properly added as a Defendant to a claim for professional negligence despite the prior expiry of the relevant limitation period.’

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Zenith PI, 8th May 2017

Source: www.zenithpi.wordpress.com

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Amanda Telfer death: Construction boss jailed – BBC News

Posted May 8th, 2017 in health & safety, homicide, negligence, news by sally

‘A construction boss has been jailed over the “wholly needless” death of a lawyer who was crushed by falling windows.’

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BBC News, 5th May 2017

Source: www.bbc.co.uk

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APIL pushes for “predictable claim process” for fixed cost clinical negligence cases – Litigation Futures

Posted May 3rd, 2017 in costs, government departments, negligence, news, personal injuries by tracey

‘The Association of Personal Injury Lawyers (APIL) has called for a “predictable claim process” for clinical negligence actions if the government goes ahead with its plan to impose fixed costs for cases worth up to £25,000.’

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Litigation futures, 2nd May 2017

Source: www.litigationfutures.com

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Court of Appeal orders controversial firm to compensate ex-miner for negligence – Legal Futures

Posted May 2nd, 2017 in appeals, compensation, law firms, miners, negligence, news by sally

‘The Court of Appeal has overturned a ruling that Raleys – the controversial but now defunct Barnsley law firm – should not have to compensate a miner who argued that its admitted negligence had caused him to settle a claim at an undervalue.’

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Legal Futures, 2nd May 2016

Source: www.legalfutures.co.uk

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Doctors’ body urges government to aim high with fixed-fee cap for clinical negligence cases – Litigation Futures

Posted April 25th, 2017 in consultations, costs, doctors, fees, health, negligence, news by sally

‘The Medical Protection Society (MPS) has called on the government to be more “bold” with its proposals to introduced fixed costs for clinical negligence cases by including cases worth up to £250,000 – 10 times the proposed limit.’

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Litigation Futures, 25th April 2017

Source: www.litigationfutures.com

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Road Traffic Liability: stick to your own side of the road … and that means cyclists too – Zenith PI Blog

Posted April 5th, 2017 in appeals, bicycles, negligence, news, road traffic offences by sally

‘One cold, dull January morning (at about 8am) C and a friend, R, were riding their bicycles on a single carriageway road. They were both overtaking a stationary line of traffic on their nearside. There was an area of the road which had flooded and C cycled onto the opposing carriageway in an attempt to avoid a large puddle. In doing so, he collided with D’s car travelling on the opposite side of road. R had managed to cycle through the puddle and avoided going onto the opposing carriageway.’

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Zenith PI Blog, 4th April 2017

Source: www.zenithpi.wordpress.com

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Law firms to be banned from touting for business in hospitals – Daily Telegraph

Posted April 3rd, 2017 in costs, hospitals, law firms, negligence, news, personal injuries by sally

‘Law firms will no longer be able to tout for business inside hospitals under plans unveiled by the NHS.’

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Daily Telegraph, 31st March 2017

Source: www.telegraph.co.uk

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Supreme Court clarifies distinction between ‘advice’ and ‘information’ negligence cases – OUT-LAW.com

Posted March 29th, 2017 in drafting, law firms, loans, mistake, negligence, news, Supreme Court by sally

‘A law firm that made a mistake when drafting a loan letter on its client’s instructions, and failing to draw critical information to his attention, was not liable to that client when the loan failed. The client would have made a loss on the loan in any event due to his commercial misjudgments, the UK’s highest court has ruled.

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OUT-LAW.com, 29th March 2017

Source: www.out-law.com

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