New Judgment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Raleys ruling “good news for law firms and their insurers” – Legal Futures

‘Yesterday’s Supreme Court ruling on solicitors’ professional negligence is good news for both law firms and their insurers, and should stem the flow of claims about the under-settlement of personal injury claims, experts have said.’

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Legal Futures, 14th February 2019

Source: www.legalfutures.co.uk

Private AI – claims against approved inspectors – Practical Law: Construction Blog

Posted February 12th, 2019 in building law, defective premises, health & safety, insurance, negligence, news by tracey

‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.

To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’

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Practical Law: Construction Blog, 11th February 2019

Source: constructionblog.practicallaw.com

Cover-up fears as hundreds of contaminated blood files ‘vanish’ before inquiry can see them – The Independent

Posted February 12th, 2019 in blood products, HIV, medical treatment, negligence, news by tracey

‘Victims of the contaminated blood scandal have raised fears of a cover-up after it emerged hundreds of “crucial” documents were removed by government officials and are now missing.’

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The Independent, 11th February 2019

Source: www.independent.co.uk

What price freedom? Counting the cost when DoLS goes wrong – UK Human Rights Blog

‘Twenty years on from Bournewood, the case that prompted the introduction of DoLS, and as the Mental Capacity Amendment Bill tolls the death knell for DoLS and introduces as their replacement Liberty Protection Safeguards, the High Court (HHJ Coe sitting as a Deputy High Court Judge) has given a sharp reminder of the human and financial cost of what happens when a hospital fails properly to discharge its obligations under the Mental Capacity Act and as a result, falsely imprisons (in a hospital) a patient.’

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UK Human Rights Blog, 5th February 2019

Source: ukhumanrightsblog.com

Appeal judges rule on difference between ‘advice’ and ‘information’ – Litigation Futures

Posted February 8th, 2019 in accounts, legal services, negligence, news, solicitors by sally

‘The Court of Appeal has set out a series of steps courts should take when deciding whether a professional negligence case involves ‘advice’ or ‘information’.’

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Litigation Futures, 6th February 2019

Source: www.litigationfutures.com

Former prisoner sues Ministry of Justice over PTSD from rats – The Guardian

‘A man is suing the prison service after he developed post-traumatic stress disorder (PTSD) from rats running across his body and bed while he was locked in his cell, the Guardian has learned.’

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The Guardian, 29th January 2019

Source: www.theguardian.com

Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures

Posted January 14th, 2019 in appeals, costs, indemnities, insurance, law firms, negligence, news, solicitors, Supreme Court by tracey

‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’

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Legal Futures, 14th January 2018

Source: www.legalfutures.co.uk

Hillsborough disaster: David Duckenfield’s trial due to begin – BBC News

‘The manslaughter trial of the police officer in command during the Hillsborough disaster will begin later.’

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BBC News, 14th January 2018

Source: www.bbc.co.uk

Damages for wrongful life refused – UK Human Rights Blog

Posted January 11th, 2019 in assisted reproduction, birth, contracts, damages, negligence, news, wrongful birth by sally

‘Legal policy in the UK has traditionally prohibited the granting of damages for the wrongful conception or birth of a child in cases of negligence. In this case the Court of Appeal has confirmed that this bar is equally applicable to a wrongful birth arising from a breach of contract.’

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UK Human Rights Blog, 10th January 2019

Source: ukhumanrightsblog.com

Ep. 60: Doctor knows best? – Law Pod UK

Posted January 8th, 2019 in doctors, evidence, negligence, news, professional conduct by sally

‘James Badenoch QC has spent thirty-five years fighting medical negligence cases. He talks to Rosalind English about the “doctor knows best” rule of evidence, and how that has come under attack in recent years.’

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Law Pod UK, 7th January 2019

Source: audioboom.com

Woman left infertile after NHS failed to detect cancer for four years awarded £580k to cover surrogacy costs – Daily Telegraph

Posted December 20th, 2018 in cancer, damages, hospitals, negligence, news, surrogacy by tracey

‘A young woman left infertile because her cervical cancer was not spotted for more than four years has been awarded the costs of having surrogate children in America by the Court of Appeal.’

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Daily Telegraph, 19th December 2018

Source: www.telegraph.co.uk

Millionaire jailed for girlfriend’s ‘rough sex’ death – BBC News

Posted December 18th, 2018 in homicide, negligence, news, sentencing by sally

‘A multi-millionaire who left his injured and bleeding partner to die after “rough sex” has been jailed for three years and eight months.’

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BBC News, 17th December 2018

Source: www.bbc.co.uk

A Practical Approach to Breach of Duty and Causation in Venous Thromboembolism Claims by Neil Thompson – No. 5 Chambers

Posted December 14th, 2018 in causation, doctors, medical treatment, negligence, news, personal injuries by sally

‘From our perspective, the first step should be to understand how competent medical professionals protect the patient against the risk of VTE. One starting point is to understand the control of VTE risk in patients admitted to hospital, although of course other primary care providers (GPs) have a corresponding duty to be alert to the risk of VTE within their practice.’

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No. 5 Chambers, 3rd December 2018

Source: www.no5.com

Girl starved of oxygen at birth gets £22m compensation from hospital – BBC News

Posted December 13th, 2018 in birth, children, compensation, disabled persons, families, hospitals, negligence, news, pregnancy by tracey

‘A girl starved of oxygen during birth who needs 24-hour care has been awarded compensation totalling £22m.’

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BBC News, 12th December 2018

Source: www.bbc.co.uk

What the Divisional Court’s decision in SRA v Sovani James tells us about wellbeing for lawyers: some reasons for optimism- 4 New Square

‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’

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4 New Square, 16th November 2018

Source: www.4newsquare.com

On the spot: accidents at work – New Law Journal

‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’

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New Law Journal, 7th December 2018

Source: www.newlawjournal.co.uk

SRA v James: When “I was driven to it” is no defence – 4 New Square

‘It is well-known that if a solicitor is guilty of dishonesty in and about the work he or she does, they will be struck off unless they can show “exceptional circumstances”. For a while it was thought that extreme and intolerable work pressure giving rise to mental health issues, in turn giving rise to an act or acts of dishonesty, might suffice.’

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4 New Square, 13th November 2018

Source: www.4newsquare.com

Supreme Court confirms carrier liability for cargo damage – OUT-LAW.com

Posted December 10th, 2018 in burden of proof, negligence, news, shipping law, Supreme Court by sally

‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’

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OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Hillsborough police chief to face 95 manslaughter charges after judge rejects bid to halt prosecution – The Independent

‘The former chief superintendent of South Yorkshire Police is to stand trial for the manslaughter of 95 fans at Hillsborough after an attempt to halt the case failed.’

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The Independent, 6th December 2018

Source: www.independent.co.uk